Subject: CHOSE
Resent-Date: Sat, 26 Sep 1998 21:25:29 -0700 (PDT)
Resent-From: SCROOTS-L@rootsweb.com
Date: Sun, 27 Sep 1998 00:26:04 -0400
From: "Steven J. Coker" 
Organization: http://members.tripod.com/~SCROOTS/index.html
To: SCROOTS-L@rootsweb.com

Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier
  CHILDS & PETERSON, PHILADELPHIA

CHOSE, property. This is a French word, signifying thing. In law, it is applied
to personal property; as choses in possession, are such personal things of which
one has possession; choses in action, are such as the owner has not the
possession, but merely a right of action for their possession.... Chitty defines
choses in actions to be rights to receive 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, and therefore termed choses, or things in
action....
   It is one of the qualities of a chose in action, that, at common law, it is
not assignable.... But bills of exchange and promissory notes, though choses in
action, may be assigned by indorsement, when payable to order, or by delivery
when payable to bearer....
   Bonds are assignable in Pennsylvania, and perhaps some other states, by
virtue of statutory provisions.Inequity, however, all choses in action are
assignable and the assignee has an equitable right to enforce the fulfilment of
the obligation in the name of the assignor....
   Rights arising ex delicto are not assignable either at law or in equity.

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