Volume 379, Page 348 View pdf image (33K) |
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348 ARTICLE 8
An. Code, 1924, sec. 3. 1912, sec. 3. 1904, sec. 3. 1888, sec. 3. 1829, ch. 51.
3. Any defendant may make the same legal or equitable defenses as
The assignee of a non-negotiable chose in action takes it subject to all legal and
If the obligor pays the debt to the assignor without notice of the assignment, he
Only such claims can be set off against the assignee of a chose in action as existed
An assignment may be made not only by the original plaintiff in a judgment, but
This section, as well as the entire act, shows a purpose to extend the right of action
This section applied. Goldsborough v. Cradie, 28 Md. 487; Job v. Walker, 3 Md. 132.
Cited but not construed in Hampson v. Owens, 55 Md. 586.
As to the assignee of a claim against the state, see art. 95, secs. 14 and 15.
An. Code, 1924, sec. 4. 1912, sec. 4. 1904, sec. 4. 1888, sec. 4. 1830, ch. 165, sec. 2.
1880, ch. 161, sec. 4.
4. When the legal plaintiff in any suit entered for the use of any person
An assignment may be made not only by the original plaintiff in a judgment, but
An. Code, 1924, sec. 5. 1912, sec. 5. 1904, sec. 5. 1888, sec. 5. 1763, ch. 23, sec. 7.
5. The surety in any bond or other obligation for the payment of money
Where contract made in Md., law of Md. governs in determining right of guarantor
This section enlarges the right of the surety; under it, he is entitled to have an as-
The design of this section was to place a surety in the same position as the creditor
The entire debt must be paid, as there can be no pro tanto assignment. Neptune Ins.
The remedy of surety under this section, pointed out. Martindale v. Brock, 41 Md. 580.
This section has no application to a bond conditioned upon the faithful discharge of
This section does not apply where a surety seeks contribution from his co-surety.
This section is declaratory of the common law. Watkins v. Worthington, 2 Bl. 529.
Cited but not construed in Dixon v. Dixon, 1 Md. ch. 222.
This section not applicable in suit of maker of accommodation note against party
Cited but not construed in Md. Tr. Co. v. Poffenberger, 156 Md. 206.
See notes to sec. 6. As to sureties, see art. 90. |
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Volume 379, Page 348 View pdf image (33K) |
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