Idaho Code
Idaho Code § 5-302 (2026)
Assignment of thing in action.
✓ current as of May 2026
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Assignment of thing in action.
In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable instrument transferred, in good faith and upon good consideration, before maturity.
Notes of Decisions
Cited in 3
cases, 1960–1973 · leading case: State v. Coburn, 354 P.2d 751 (Idaho 1960).
State v. Coburn, 354 P.2d 751 (Idaho 1960). “In this regard, we quote from the decision as follows: “We think the better rule is: When it appears a view of any property, which cannot be brought into the courtroom for presentation during the course of the trial, might be of assistance to the jury in determining the guilt or…”
Whitehead v. Van Leuven, 347 F. Supp. 505 (D. Idaho 1972). “, § 5-302.]” “55-402. Transfer and devolution of things in action.”
McCluskey v. Galland, 511 P.2d 289 (Idaho 1973). “McCluskey, dba McCluskey Commissary. Costs to appellant.”
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