LawgistThe Transfer of Property Act
132Liability of transferee of actionable claim
The transferee of an actionable claim shall take it subject to all the liabilities and equities to which the transferor was subject in respect thereof at the date of the transfer.
Illustrations
(i) A transfers to C a debt due to him by B, A being then indebted to B. C sues B for the debt due by B to A. such suit B is entitled to set off the debt due by A to him; although C was unaware of it at the date of such transfer.
(ii) A executed a bond in favour of B under circumstances entitling the former to have it delivered up and cancelled. B assigns the bond to C for value and without notice of such circumstances. C cannot enforce the bond against A.
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OF TRANSFERS OF ACTIONABLE CLAIMS
- 130 Transfer of actionable claim
- 130A Repealed
- 131 Notice to be in writing, signed
- 132 Liability of transferee of actionable claim
- 133 Warranty of solvency of debtor
- 134 Mortgaged debt
- 135 Assignment of rights under policy of insurance against fire
- 135A [Repealed.]
- 136 Incapacity of officers connected with Courts of Justice
- 137 Saving of negotiable instruments, etc
