CHOSE IN ACTION. A right to re ceive or recover a debt, or money, or damages for breach of contract, or for a tort connected with contract, but which cannot be enforced without action. Comyns, Dig. Biens ; Chitty, Eq. Dig.
2. It is one of the qualities of a chose in action that at common law it is not assign able, 10 Coke, 47, 48 ; 2 Johns. N. Y. 1; 12 Wend. N. Y. 297 ; 1 Cranch, 367 ; but in equity, from an early period, the courts have viewed the assignment of a chose in action for a valuable consideration as a contract by the assignor to permit the assignee to use his name for the purpose of recovery, and, con sequently, enforce its specific performance, unless contrary to public policy. 1 P. Will. Ch. 381 ; Freem. Ch. 145 ; 1 Ves. Sen. Ch. 412; 2 Stor. C. C. 660 ; 2 Ired. Eq. No. C. 54; 1 Wheat. 236 ; 15 Mo. 662. And now, at common law, the assignee is entitled to sue and recover in the name of the assignor, and the debtor will not be allowed, by way of defence to such suit, to avail himself of any payment to or release from the assignor, if made or obtained after notice of the assign ment. 4 Term, 340 ; 1 Hill, N. Y. 483 ; 4 Ala. N. s. 184 ; 14 'Conn. 123 ; 29 Me. 9 ; 13 N. H. 230 ; 10 Cush. Mass. 93 ; 20 Vt.
25. If; after notice of the assignment, the debtor expressly promise the assignee t6 pay him the debt, the assignee will then, in the United States, be entitled to sue in his own name, 10 Mass. 316 ; 3 Mac. Mass. 66 ; 5 Pet. 597 ; 2 R. I. 146 ; 7 Harr. & J. Md. 213 ; 2 Barb. N. Y. 349, 420 ; 27 N. H. 209; but without such express promise the as signee, except under peculiar circumstances, must proceed, even in equity, in the name of the assignor. 2 Barb. Ch. N. Y. 596 ; 1 Johns. Ch. N. Y. 463 ; 7 Gill & J. Md. 114 ; 2 Wheat. 373.
3. But courts of equity will not, any mare than courts of law, give effect to such assign ments when they contravene any rule of law or of public policy. Thus, they will not give effect to the assignment of the half-pay or full pay of an officer in the army, 2 Anstr. 533 ; 1 Ball & B. Ch. Ir. 389 ; or of a right of entry or action for land held adversely, 2 Ired. Eq. No. C. 54 ; or of a part of a right in controversy, in consideration of money or services to enforce it, 16 Ala. 488; 4 Dan. Ky. 173 ; 2 Dee. & B. Eq. No. C. 24. Neither
do the courts, either of law or of equity, give effect to the assignment of mere personal ac tions which die with the person. 19 Wend. N. Y. 73 ; 4 Serg. & R. Penn. 19 ; 13 N. Y. 3S2 ; 6 Cal. 456. But a claim of damages to property, though arising ex delicto, which on the death of the party would survive to his executors or adminiF Mors as assets, may be assigned. 3 E. D. Smith, N. Y. 246 ; 12 N. Y. 622; 15 id. 432 ; 2 Barb. N. Y. 110; 4 Du. N. Y. 74, 660.
4. The assignee of a chose in action, un less it ben negotiable promissory note or bill of exchange, although without notice, in general takes it subject to all the equities which subsist against the assignor. 1 P. Will. Ch. 406 ; 4 Price, Exch. 161 ; 1 Johns, N. Y. 522 ; 7 Pet. 608 ; 11•Paige, Ch. N. Y. 467 ; 2 Stockt. N. J. 146 ; 2 Wad. Va. 233. And a payment made by the debtor, even after the assignment of the debt, if before notice thereof, will be effectual. 3 Day, Conn. 364 ; 10 Conn. 444; 3 Binn. Penn. 394 ; 4 Mete. Mass. 594.
5. To constitute an assignment, no writing or particular form of words is necessary, if the consideration be proved and the meaning of the parties apparent, 15 Mass. 485 ; 16 Johns. N. Y. 51; 19 id. 342; 1 Hill, N. Y. 583; 13 Sim. Ch. 469; 1 Mylne & C. 690; and therefore the mere delivery of the written evidence of debt, 2 Jones, No. C. 224 ; 28 Mo. 56 ; 24 Miss. 260 ; 13 Mass. 304 ; 5 Me. 349 ; 17 Johns. N. Y. 284 ; 7 Penn. St. 251, or the giving of a power of attorney to collect a debt, may operate as an equitable transfer thereof, if such be the intention of the parties. 7 Ves. Ch. 28; 1 Caines, Cas. N. Y. 18; 19 Wend. N. Y. 73.
6. Bills of exchange and promissory notes, in exception to the general rule, are by the law merchant transferable, and the legal as well as equitable right passes to the trans feree. See BILL OF EXCHANGE. III some states, by statutory provisions, bonds, mort gagee, and other documents may be as signed, and the assignee receives the whole title, both legal and equitable. 2 Bouvier, Inst. 192. In New York, the code enables an as signee to maintain an action in his own name in those cases in which the right was assign able in law or in equity before the code was adopted. 4 Du. N. Y. 74.