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§ 44-12-20. “Chose in Action” Defined

A chose in action is personalty to which the owner has a right of possession in the future or a right of immediate possession which is being wrongfully withheld. History. Orig. Code 1863, § 2219; Code 1868, § 2213; Code 1873, § 2239; Code 1882, § 2239; Civil Code 1895, § 3072; Civil Code 1910, […]

§ 44-12-21. Rights and Remedies to Enforce Choses in Action

For every violation of an express or implied contract and for every injury done by another to one’s person or property, the law gives a right to recover and a remedy to enforce it. The right is a chose in action, and the remedy is an action at law. History. Orig. Code 1863, § 2223; […]

§ 44-12-22. Assignment of Choses in Action Arising Upon Contracts

Except as may be otherwise provided in Title 11, all choses in action arising upon contract may be assigned so as to vest the title in the assignee, but he takes it, except negotiable instruments subject to the equities existing between the assignor and debtor at the time of the assignment, and until notice of […]

§ 44-12-23. Assignment of a Fund

A fund may be assigned in writing. The written acceptance of a draft will be treated as an assignment pro tanto of funds of the drawer in the hands of the acceptor. History. Civil Code 1895, § 3078; Civil Code 1910, § 3654; Code 1933, § 85-1804. History of Section. This Code section is derived […]

§ 44-12-24. What Rights of Action May and May Not Be Assigned

Except for those situations governed by Code Sections 11-2-210 and 11-9-406, a right of action is assignable if it involves, directly or indirectly, a right of property. A right of action for personal torts, for legal malpractice, or for injuries arising from fraud to the assignor may not be assigned. History. Civil Code 1895, § […]