§55-8-9. Action by assignee in own name; defenses and setoff;
joinder of claims.
The assignee of any bond, note, account, or writing, not
negotiable, or other chose in action arising out of contract or
injury to personal or real property, may maintain thereupon any
action in his own name, without the addition of "assignee," which
the original obligee, promisee, payee, contracting party, or owner
of such chose in action might have brought; but shall allow all
just defenses and sets-off, not only against himself, but against
the assignor, before the defendant had notice of the assignment.
In every such action the plaintiff may unite claims payable to him
individually with those payable to him as such assignee, provided
it be otherwise proper to join them. But nothing in this section
shall be construed to make assignable any right of action not
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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