Chose

Fr. A thing; an article of property. A chose is a chattel personal, (Wll-liams, Pers. Prop. 4,) and is either in possession or in action. See the following titles.

— Chose local. A local thing; a thing annexed to a place, as a mill. Kitchin, fol. 18 ; Cowell ; Blount.

— Chose transitory. A thing which is movable, and may be taken away or carried from place to place. Cowell; Blount.

fr. A thing. Chose in action: a thing in action; a right to a tiling of which one has not the possession or actual enjoyment, but which he may recover in a suit, or a right to performance of a contract Chose in possession: a thing in possession, as distinguished " from a thing in action. Chose local: a local thing; a tiling annexed to a place. Chose transitory: a thing which is movable, and may be taken away or carried from place to place. Christianitatis cnria,i. The court of Christianity; the court Christian, or ecclesiastical judicature, as opposed to the civil court, or lay tribunal, v. Court Christian.

6 A thing recoverable by an action at law: a thing, personalty. Chose in action. A thing of which one has the right, but not the possession.' Chose in possession. Personalty in possession, in actual enjoyment. Property in chattels personal may be either " in possession," — where a man has not only the right to enjoy, but has the actual enjoyment of, the thing; or > Be Low Yam Chow, 7 Saw. 548-50 (Sept., 1882). 'Be Moncan, 8 Saw. 350-56 (Oct., 1882): s. a 14 F. R. 44. s Be Ho King, 8 Saw. 433 (1883). See also 13 F. B. 286, 291; 17 id. 634; 18 id. 28; 19 id. 184, 490; 22 id. 519; 23 id. 329, 441. <B. S. § 2169; Be Ah Yup, 5 Saw. 155 (1878); 2 Kent, 72. •United States v. Jimg Ah Lung, 124 U. S. 621 (Feb. 13, 1888), affirming 25 F. B. 141. Opinion by Blatchford, J.; Harlan, Field, and Lamar, JJ., dissenting as to Identification without the certificate; else it is "in action,"— where he has only a bare right, without any occupation or enjoyment. In the latter case the possession may be recovered by a suit or action at law: whence the thing so recoverable is called a thing or " chose in action " — as, money due on a bond, or recompense for breach of a contract." The general definition of "chose in action " is, a right not reduced into possession. A note, bond, or other promise not negotiable, is denominated a chose in action, before the promisor or obligor is liable to an action on it, as well as after. A note for money, payable on time, is a ohose in action as soon as made. 2 The term " chose in action" is one of comprehensive import. It includes the infinite variety of contracts, covenants, and promises which confer on one party the right to recover a personal chattel or a sum of money from another by action. A debt secured by a bond and mortgage is an example.'

In its enlarged sense, a chose in action may be considered as any right to damages, whetlier arising from the commission of a tort, the omission of a duty, or the breach of a contract.^ At common law a chose in action was not assignable. To make over a right of going to law was encouraging, it was thought, litigiousness. But in equity, at an early day, an assignment was viewed as a declaration of trust, and an agreement to permit the assignee to use the name of the assignor, for purposes of recovery — the transferee being rather an attorney in fact than an assignee.' Bills of exchange, by the law-merchant, and promissory notes, by statute of 3 and 4 Anne (1705), c. 9, were made exceptions to the common -law rule; and so were bills of lading, by statute of 18 and 19 Vict. (1855), c. 111. By the Judicature Act of 1873 choses are assignable in all cases. The assignee, except in the case of negotiable instruments, although without notice, takes the chose subject to all equities existing between the debtor and the assignor.' The assignee cannot proceed in equity to enforce, for his own use, the legal right of his assignor, merely upon the ground that he cannot maintain an action at law in his own name. So held where the owner of letters-patent assigned them, with claims for damages 1 2 Bl. Com. 388, 396, 442. > Haskell v. Blair, 3 Cush. 535 (1849), Metcalf, J. 8 Sheldon v. Sill, 8 How. 449 (1850), Grier, J.; 37 Alb. Law J. 44-46 (1888), cases. * Magee v. Toland, 8 Port. 40 (Ala., 1839). See also 4Ala.351; 72Ga.51; 34 La. An. 608; 5Mas.88; 4Denio, 82; 14 S. C. 538; 43 Wis. 32. »2 Bl. Com. 443; 4 id. 135; 1 Pars. Contr. 227. for mfiingement, and the assignee filed a bill to recover the damages. In such case the assignee must bring an action at law, in the name of the assignor, to his' own use. 1 See AssiQN, 3; Attach, 3; Champerty; Donatio; Husband.

Fr. A thing. Generally used in combination with other words; as chose in action, chose in possession, &c. See infra. Sometimes written in Law French, choce. Kelham.

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. 2 Bl. Com. 389, 397; 1 Chit. Pract. 99; 1 Supp. to Ves. Jr. 26, 59. Chitty defines choses in action 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. Com. Dig. Biens; Harr. Dig. Chose in Action; Chitty's Eq. Dig. h. t.