Chose in action

Defined in 4 dictionaries — Case Law, Ballentine's (1916), Black's (1910), Burrill (1850)

Definitions from Case Law

From 321 U.S. 233 - Anderson Nat Bank v. Luckett · 1944Most cited · 786 citing opinions

A bank account is a chose in action of the depositor against the bank, which the latter is obligated to pay in accordance with the terms of the deposit.

Show all 8 Supreme Court definitions and how they changed over time 1839–1944

Ballentine's Law Dictionary

James A. Ballentine · 1916

A right enforceable by action; a right to sue. See 76 U. S. 387, 19 L. Ed. 736.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

A right to personal things of which the owner has not the possession, but merely a right of action for their possession. 2 Bl. Comm. 389, 397; 1 Chit Pr. 99. A right to receive or recover a debt, demand, or damages on a cause of action ex contractu, or for a tort connected with contract, but which cannot be made available without recourse to an action. Bushnell v. Kennedy, 9 Wall. 390, 19 L. Ed. 736; Turner v. State, 1 Ohio St. 426; Sheldon v. Sill, 8 How. 441, 12 L. Ed. 1147; People v. Tioga Common Pleas, 19 Wend. (N. Y.) 73; Sterling v. Sims, 72 Ga. 53; Bank v. Holland, 99 Va. 495, 39 S. E. 126, 55 In R. A. 155, 86 Am. St. Rep. 898. Personalty to which the owner has a right of possession in future, or a right of immediate possession, wrongfully withheld, is termed by the law a "chose in action." Code Ga. 1882, § 2239. Chose in action is a phrase which is sometimes used to signify a right of bringing an action, and, at others, the thing itself which forms the subject-matter of that right, or with regard to which that right is exercised; but it more properly includes the idea both of the thing itself and of the right of action as annexed to it Thus, when it is said that a debt is a chose in action, the phrase conveys the idea, not only of the thing itself, i. e., the debt, but also of the right of action or of recovery possessed by the person to whom the debt is due. When it is said that a chose in action cannot be assigned, it means that a thing to which a right of action la annexed cannot be transferred to another, together with such right. Brown. A chose in action is any right to damages, whether arising from the commission of a tort, the omission of a duty, or the breach of a contract. Pitts v. Curtis, 4 Ala. 350; Magee v. Toland, 8 Port (Ala.) 40.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

A thing in action. A thing of which one has not the possession or actual enjoyment, but only a right to it, or a right to demand it by action at law. 2 Bl. Com. 396, 397. Termes de la ley. — A personal right, not reduced to possession, but recoverable by suit at law. 2 Kent's Com. 351. Thus, money due on a bond, note, or other contract, is a chose in action, for a property in the money vests whenever it becomes payable, but there is no possession till recovery by course of law, unless payment be first voluntarily made. 2 Bl. Com. 396, 397. 2 Steph. Com. 74. 2 Kent's Com. 351. So a right to recover damages for breach of covenant, or for a tort, is a chose in action. Id. ibid. 1 Chitty's Gen. Pract. 99, and note. A chose in action is a thing rather in potentia than in esse, though the owner may have as absolute a property in, and be as well entitled to such things in action, as to things in possession. 2 Bl. Com. 397, 398. It has been called with propriety, a chose in suspense. Id. 397. Bro. Abr. Chose in action. Cowell.