Chose

Legal Definition and Related Resources of Chose

Meaning of Chose

A chattel personal . See chattel. Vawter v Griffin, 40 Ind. 593.Choses are of two kinds: in possession ; and in action . A chose in possession is a movable chattel, such as furniture, animals, goods and merchandise . A chose in action is an incorporeal right to something not in one’s possession. The term chose in action covers multifarious rights , many diverse in their essential nature, such as debts, company shares, negotiable instruments and rights of action founded on tort or breach of contract . A thing recoverable by action. May be either legal or equitable, the words in action being used merely by way of distinction from a chose in possession.The common law did not recognize assignments of a chose in action except those by or to the crown and later, under the influence of the law merchant , of bills of exchange and promissory notes. It was thought that to recognize such assignment would be to encourage litigation . In contrast to this, chancery assisted the assignee in two ways, firstly, where the chose in action was purely equitable and was absolutely assigned, leaving no interest in the assignor, so that the assignee could proceed in his own name; and secondly, by compelling the assignor of a legal chose in action to collaborate with the assignee in asserting his claim in the common law court .

Chose Alternative Definition

(Ft.) thing. Personal property. Choses in Possession. Personal things of which one has possession. Choses in Action. 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. Prac. 99. A right 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. Comyn, Dig. “Biens;” Chit. Eq. Dig. In modern usage, the phrase is broader and includes rights of action for tort (4 Ala. 350; 12 N. Y. 622), and rights enforceable only in equity (Wms. 6). Chose Local. A local thing; a thing annexed to a place, as a mill. Kitch. Cts. fol. 18; Cowell; Blount. Answering probably to the res immobilis of the civil law. Chose Transitory. A thing which is movable, and may be taken away or carried from place to place. Cowell; Blount.

Related Entries of Chose in the Encyclopedia of Law Project

Browse or run a search for Chose in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Chose in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Chose in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Chose in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

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Mentioned in these terms

Assumption Of Risk, Chose In Action, Forms Of Action, Personal Property, Reduction Into Possession.

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Related topics Chose in the World Encyclopedia of Law

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This definition of Chose is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Chose in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of chose.

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See Also

  • Law Enforcement Officer
  • Police Officer
  • Law Enforcement Agency

Further Reading

English Legal System: Chose

In the context of the English law, A Dictionary of Law provides the following legal concept of Chose :

A thing. Choses are divided into two classes. A chose in possession is a tangible item capable of being actually possessed and enjoyed, e.g. a book or a piece of furniture. A chose in action is a right (e.g. a right to recover a debt) that can be enforced by legal actio

Concept of “Chose”

Traditional meaning of chose in the French law history (with some legal use in England and the United States in the XIX Century) [1]: (in French) A thing. Chose in action: a personal right to a thing not actually in possession, but recoverable in a suit at law, or to the performance of a contract; see 8 How. 449; Robinson’s Elementary Law Rev. ed.; § 141. Chose in possession: a thing actually possessed and enjoyed.

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Notes and References

  1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Chose”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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Chose


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