The assignee of a nonnegotiable chose in action which has been assigned in writing
may maintain an action thereon in his or her own name, but subject to all defenses
and rights of counterclaim, recoupment, or setoff to which the defendant would have
been entitled had the action been brought in the name of the assignor.
Notes of Decisions
United States v. Jenison, 484 F. Supp. 747 (D.R.I. 1980).
· cites it 2× “G.L. § 9-2-8, § 6-26-1; 26 U.S.C. § 6323 (e)(1), (6).”
Sheehan v. Richardson, 315 B.R. 226 (D.R.I. 2004).
· cites it 2× “See R.I. Gen. Laws § 9-2-8 (1956) (stating that the assignee of a “nonnegotiable chose in action” has the ability under Rhode Island law to bring suit in his or her own name, subject to all defenses raisable against the assignor); New Bedford Inst.”
Lombardi v. Electromet Co., 540 A.2d 16 (R.I. 1988).
· cites it 3× “General Laws 1956 (1985 Reenactment) § 9-2-8 states, “The assignee of a nonnegotiable chose in action which has been assigned in writing may maintain an action thereon in his own name, but subject to all defenses and rights of counterclaim, recoupment or setoff to which the…”
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