...should not cut off existing rights of defence, the 26th section provides, " in case of the assignment of thing in action, the action by the assignee shall be without prejudice to any set-off or other defence now allowed." This section preserves to the debtor the same rights of defense as under the...

...Daniel on Neg. Inst., sec. 780. The statute further provides that "in the case of an assignment of a thing in action, the action by the assignee shall...good faith, and upon good consideration, before due": 0. L., sec. 1068. 1 ' Every action shall be prosecuted in the name of the real party in interest :"...

...the city for hia side of the account assigned to the plaintiff. "In the case of an assignment of a thing in action, the action by the assignee shall...promissory note or bill of exchange transferred in good faitb and upon good consideration before due." LO L«. § 28. This Is but the codification of a very...

...assignment of a thing in notion, the action by the assignee shall be without prejudice to any set-oft' or other defense existing at the time of, or before...good" faith, and upon good consideration, before due." Comp. Laws, § 1068. "Every action shall be prosecuted in the name of the real party in interest."...

...except as otherwise prescribed. "Par. 681. In the ca^e of an assignment of a thing In action, tbe act'on by the assignee shall be without prejudice to any...at the time of, or before notice of the assignment. * * *" The statute ib plain that every action shall be prosecuted In the name of the real party in...

...procedure, which reads: "lu the case of an assignment of a thing iu action, the action by the assignee is without prejudice to any setoff or other defense existing...before notice of, the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, transferred in good faith and upon...

...or other defense existing at the time of or before notice of the assignment; but this section does not apply to a negotiable promissory note or bill...in good faith and upon good consideration, before maturity." Judgment affirmed. We concur ; McKiNSTKY, J. ; McKEE, J. (65 Cal. 44S) SPECT v. HAGAB. (No....

...action" within Code Civ. Proc. § 368. providing that an action by the assignee of a thing in action is without prejudice to any set-off or other defense...at the time of or before notice of the assignment. [Ed. Note. — For other cases, see Set-Off and Counterclaim, Cent. Die. § 107. For other definitions,...

...words, the section must be interposed as though it read as follows: In the case of the assignment of a thing in action, the action by the assignee shall...without prejudice to any set-off or other defense (now allowed) existing at the time of, or before notice of, the assignment, wliich would have been...

...or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable promissory note or bill of exchange, transferred In good faith and upon pood consideration, before maturity." This section was considered by this court, and construed in connection...