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· 3/21/1898

Munson v. Exchange National Bank

Citations

  • 19 Wash. 125
  • 52 P. 1011
  • 1898 Wash. LEXIS 335

Syllabus

<p>ANCILLARY ADMINISTRATION — NECESSITY FOR — ASSIGNMENT OF PROMISSORY NOTE — RIGHTS OF ASSIGNEE.</p> <p>An assignee of an administrator appointed in one state may bring an action in another without administration being first had in the latter state.</p> <p>Under the rule that the assignment of a chose in action passes the whole interest of the assignor therein, including every remedy and security available by the assignor as incident thereto, although not specially named in the instrument of assignment, the assignment of a promissory note by an administrator would pass to the assignee a right of action for damages, which had accrued during the lifetime of the decedent by reason of the negligence of a bank, to which the note had been delivered for collection, in failing to notify the indorsers of its non-payment at maturity.</p>

Judges: Scott

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