chose in action การใช้

• There is no dispute that a charge over such a chose in action can validly be granted to a third party.
• The depositor's right to claim payment of his deposit is a chose in action which the law has always recognised as property.
• The amount of that balance represented a debt due from the bank to Mr . Murphy, that is to say a chose in action.
• They can sell it, mortgage it, and do most other things that they could do with a " chose in action ".
• Chose in possession is opposed to chose in action, and denotes not only the right to enjoy or possess a thing, but also the actual or constructive enjoyment of it.
• The Judicature Act of 1873, s . 25 ( 6 ), enacted that the legal right to a debt or other legal chose in action could be passed by absolute assignment in writing under the hand of the assignor.
• Since this represents the product of Mr . Murphy's own money as well as theirs, which Mr . Murphy mingled indistinguishably in a single chose in action, they claim a beneficial interest in a proportionate part of the money only.
• It was argued by the defence that Section 4 of the Theft Act 1968 did not define a class of intangible property beyond a chose in action, and therefore information " per se " was not protected by the Theft Act 1968.
• At the penultimate stage the plaintiffs'money was represented by an indistinguishable part of a different chose in action, viz . the debt prospectively and contingently due from an insurance company to its policyholders, being the trustees of a settlement made by Mr . Murphy for the benefit of his children.
• The consequence was that, with these and certain statutory exceptions ( e . g ., actions on policies of insurance ), an action on an assigned chose in action must have been brought at law in the name of the assignor, though the sum recovered belonged in equity to the assignee.
• "For the avoidance of doubt, it is hereby declared that a person ('the first person') is able to create, and always has been able to create, in favour of another person ('the second person') a legal or equitable charge or mortgage over all or any of the first person's interest in a chose in action enforceable by the first person against the second person, and any charge or mortgage so created shall operate neither to merge the interest thereby created with, nor to extinguish or release, that chose in action ."
• "For the avoidance of doubt, it is hereby declared that a person ('the first person') is able to create, and always has been able to create, in favour of another person ('the second person') a legal or equitable charge or mortgage over all or any of the first person's interest in a chose in action enforceable by the first person against the second person, and any charge or mortgage so created shall operate neither to merge the interest thereby created with, nor to extinguish or release, that chose in action ."
• He held that the effect of the word " avoided " in section 64 of the Bills of Exchange Act 1882 was that, subject to the qualifications therein, a cheque or banker's draft which had been materially altered by the fraud of a third party was no longer a cheque or draft representing a chose in action but a worthless piece of paper, and no action for damages in conversion for its face value could therefore be brought by a party, such as the claimants, who, but for the material alteration, would have had contractual rights based upon it.