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Updated: May 24, 2025
The assign, as in warranty, came in under the old covenant with the first covenantee, not by any new right of his own. Thus, in an action by an assign on a covenant for further assurance, the defendant set up a release by the original covenantee after the commencement of the suit. The court held that the assignee should have the benefit of the covenant.
"Monsieur Charles Mignon sailed this morning on the 'Modeste' for Asia Minor, leaving full powers with the undersigned to sell his whole property, both landed and personal. "DUMAY, assignee of the Bank accounts, LATOURNELLE, notary, assignee of the city and villa property, GOBENHEIM, assignee of the commercial property."
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