the possession is in another, which by contract he is bound to deliver to the owner." Ayres v. Western R. Corp. (N. Y.) 48 Barb. 132, 135. "The term 'choses in action' is one of comprehensive import. It includes the infinite variety of contracts, covenants, and promises which confer on one party a right to recover a personal chattel or a sum of money from another by action." Sheldon v. Sill, 49 U. S. (8 How.) 441, 449, 12 L. Ed. 1147; Coler v. Grainger County (U. S.) 74 Fed. 16, 21, 20 C. C. A. 267; Simons v. Ypsilanti Paper Co. (U. S.) 33 Fed. 193, 194; Mexican Nat. R. Co. v. Davidson, 15 Sup. Ct. 563, 564, 157 U. S. 201, 39 L. Ed. 672; Kirkman v. Kirkman, 49 N. Y. Supp. 683, 685, 686, 26 App. Div. 395. "Chose in action," taken in its broadest sense, comprehends not only a demand arising on contract, but also on wrong or injury to the property or person. But for the purposes of any sort of assignment, legal or equitable, I can nowhere find that the term has ever been carried beyond a claim due either on contract, or such whereby some special damage has arisen to the estate of the assignor. People v. Tioga Common Pleas (N. Y.) 19 Wend. 73, 75. Personalty to which the owner has a right of possession in fact, or a right of immediate possession wrongfully withheld, is termed by law a "chose in action." Civ. Code Ga. 1895, 3072. A chose in action is a right not reduced to possession, or a right under a contract which, in case of nonperformance, can only be reduced to beneficial possession by an action or suit. Haskell v. Blair, 57 Mass. (3 Cush.) 534, 546 (citing Chit. Bills [10th Am. Ed.] 6). "As defined by Burrill, a 'chose in action' is a thing which a man has not the actual possession of, but which he has a right to demand by action; as a debt or demand due from another." Ramsey v. Gould (N. Y.) 57 Barb. 398, 408. By the provisions of Civ. Code Cal. § 953, a "thing in action" is a right to recover money or other personal property by a judicial proceeding. Henderson v. Henshall (U. S.) 54 Fed. 320, 331, 4 C. C. A. 357; Haskins v. Jordan, 55 Pac. 786, 787, 123 Cal. 157. "Chose in action" is generally used to mean the right to bring an action to recover a debt or redress a wrong, and "includes all rights to personal property, not in possession, which may be enforced by action; demands arising out of torts as well as contracts." Sterling v. Sims, 72 Ga. 51, 53. A chose in action is said to be a thing not in occupation or enjoyment, but merely a bare right to be recovered by an action; hence its name. United States v. Moulton (U. S.) 27 Fed. Cas. 11, 12. A thing in action is the right to recover money or other personal property by a judicial proceeding. Civ. Code Cal. 1903, § 953; Rev. Codes N. D. 1899, § 3466; Civ. Code S. D. 1903, § 383; Rev. St. Okl. 1903, § 4162; Civ. Code Mont. 1895, §.1350. Action of review. An action of review is a "chose in ac tion," within the meaning of a statute providing that all the bankrupt's choses in actions shall at once vest in his assignee. The assignee of a bankrupt is alone competent to prosecute the action, though commenced before the bankruptcy. Zollar v. Janvrin, 49 N. H. 114, 115, 118, 6 Am. Rep. 469. As anything recoverable by assumpsit. The term "chose in action," as used in Civ. Code Prac. § 439, providing that the plaintiff, in an execution returned "No property found," may institute an equitable action for the discovery of any money, chose in action, equitable or legal interest, and all other property to which the defendant is entitled, should be construed to include any claim of the debtor against another on which an action of assumpsit would lie at common law. Merriwether v. Bell, 58 S. W. 987, 988, 22 Ky. Law Rep. 844. Bill of lading. A bill of lading is a chose in action, and an assignee thereof cannot maintain thereon a suit in his own name. Knight v. St. Louis, I. M. & S. Ry. Co., 40 Ill. App. 471, 473. Breach of contract. The term "chose in action," as used in Act March 3, 1875, c. 137, 18 Stat. 470 [U. S. Comp. St. 1901, p. 507], providing that no Circuit or District Court shall have cogniA "chose in action," used in its broadest zance of any suit to recover the contents of sense, means all demands, whether arising any promissory note or other chose in action from contract, or from wrong or injury to in favor of an assignee, unless such suit the property or person, but for purposes of might have been prosecuted in such court if any sort of assignment the term does not no assignment had been made, includes acinclude anything beyond claims due either tions for damage growing out of rights of on contract or where some special damage action founded on contracts which contain has arisen to the estate of the assignor. within themselves such promises or duties People v. Tioga Common Pleas (N. Y.) 19 to be performed. Goldman v. Furness, Wend. 73, 75. Withy & Co. (U. S.) 101 Fed. 467, 468. A claim founded on contract to recover a sum of money out of a fund in the hands of a railroad company is a chose in action, within the meaning of the provision which denies to the assignee of a chose in action the right to sue in the federal courts if no action could have been maintained there in the absence of an assignment. Mexican Nat. R. Co. v. Davidson, 15 Sup. Ct. 563, 564, 157 U. S. 201, 39 L. Ed. 672. The statute, by "choses in action," refers to a species of property recognized by the law, and which, upon the death of the owner, would be inventoried as such by his legal representatives. Dry Dock Bank v. American Life Ins. & Trust Co., 3 N. Y. (3 Comst.) 344, 356. The claim for compensation by an owner of land acquired by the city of New York is a thing in action within the meaning of the tax law, and is subject to taxation. People v. Halsted, 49 N. Y. Supp. 685, 686, 26 App. Div. 316. In People v. Tioga Common Pleas (N. Y.) 19 Wend. 73, 75, Cowen, J., defines a "chose in action" as "a demand arising on contract, but also for a wrong or injury to the property or person." It is also defined as a right of proceeding in a court of law to procure the payment of a sum of money. Under such definition the right of one having a liquor tax certificate to have its surrender value returned on discontinuing the traffic, as provided by Laws 1896, c. 112, § 25, is in the nature of a chose in action. Niles v. Mathusa, 47 N. Y. Supp. 38, 41, 20 App. Div. 483. Claim for overcharge in freight. The term "chose in action," as used in Removal Act Aug. 13, 1888, c. 866, 25 Stat. 433 [U. S. Comp. St. 1901, p. 508], will not be construed to include a claim against a railroad company for overcharges in freight. Conn v. Chicago, B. & Q. R. Co. (U. S.) 48 Fed. 177, 178. Credits. The term "choses in action" means a particular species of property recognized by law, and which, on the death of the owner, would be inventoried as such by his legal representatives, and does not include credit, and, though credit may be a benefit to the possessor as a means of procuring property, it is not in itself recognized in law as property. Dry Dock Bank v. American Life Ins. & Trust Co., 3 N. Y. (3 Comst.) 344, 356. Choses in action are not credits within the statutes relating to trustee process. Perry v. Coates, 9 Mass. 537; Lupton v. Cutter, 25 Mass. (8 Pick.) 298, 300. Debt distinguished. and "debt" are used by courts to represent The terms or phrases "chose in action" the same thing when viewed from opposite sides. "Chose in action" is the right of a creditor to be paid, while "debt" is the personal obligation of the debtor to pay. Smead v. Chandler, 76 S. W. 1066, 1068, 71 Ark. 505. Evidences of indebtedness. An evidence of indebtedness, under whatsoever name it may be termed, whether note, bond, bill of exchange, or other instrument, and however secured, is a mere chattel personal included within the term "chose in ac tion." Easton v. Board of Review of Peoria County, 55 N. E. 716, 717, 183 III. 255. Goods. See "Goods." As intangible or incorporeal. "Choses in action correspond substantially to, or at least are included within, the civil-law definitions of 'incorporeal rights.'” Gordon v. Muchler, 34 La. Ann. 604, 608. Debts and choses in action are a species of intangible property that, for purposes of taxation, are generally held to be situated at the domicile of the owner. Scripps v. Fulton County Board of Review, 55 N. E. 700, 701, 183 Ill. 278. A "chose in action" is defined by Kent as a personal right not reduced into possession, but recoverable by a suit at law. Money due on bond, note, or other contract, damages due for the breach of contract for the detention of chattels, or for torts, are included under this general head or title of things in action. A chose in action is a mere right of action due, a personal chattel not in actual possession. Such being the definition of "chose in action," a certificate of stock which is a chose in action is not within Code, § 2414, declaring that no gift of goods and chattels shall be valid unless by deed or will, or unless the donee have actual possession, the words "goods and chattels" relating pure ly to tangible and movable things. First Nat. Bank v. Holland, 39 S. E. 126, 129, 99 Va. 495, 55 L. R. A. 155, 86 Am. St. Rep. 898. Judgment. A judgment is a mere chose in action. It passes to an assignee charged with all the equities which can be asserted against it in the hands of an assignor. Tiffany v. Stewart, 14 N. W. 241, 243, 60 Iowa, 207. The words "chose in action," as used in 2 Rev. St. (2d Ed.) p. 274, § 5, enacting that an assignee for a valuable consideration of any bond, note, or other chose in action which has been or may hereafter be assigned, etc., comprehends a judgment. v. Cochran (N. Y.) 1 Hill, 339, 342. Life insurance policy. Murphy A policy of life insurance is a chose in action. Prudential Ins. Co. v. Hunn, 52 N. E. 772, 774, 21 Ind. App. 525, 69 Am. St. Rep. 380. A policy of life insurance is, after the death of the insured, unquestionably a chose in action, it then being simply a promise to pay money. It has been held in numerous cases that a policy of life insurance, even before the death of the insured, is a chose in action. Steele v. Gatlin, 42 S. E. 253, 254, 115 Ga. 929, 59 L. R. A. 129. The term "chose in action," in 1 Stat. 78, includes a mortgage. Chief Justice Marshall in Sere v. Pilot, 10 U. S. (6 Cranch) 332, 3 L. Ed. 240, remarks: "Without doubt, assignable paper, being the chose in action most usually transferred, was in the mind of the Legislature when the law was formed, and the words of the provision are therefore best adapted to that class of assignments; but there is no reason to believe that the Legislature were not equally disposed to except from the jurisdiction of the federal courts those who could sue in virtue of legal assignments." Hill v. Winne (U. S.) 12 Fed. Cas. 185, 186. A chose in action is a thing in action, a right of action, a thing recoverable in action, a debt, a demand, a promissory note, a right to recover damages. A chose in action was originally a right of action not assignable at law. It was a cause of suit for a debt due or a wrong done. Therefore, while a bond with a mortgage securing it may be a chose in action so far as the debt is concerned, the estate conveyed by the mortgage cannot be said to be a chose in action, since it is real 2 WDS. & P.-10 estate conveyed to the mortgagee which in law is absolute and perfect; and hence a mortgage is not a chose in action within the act of Congress restraining the Circuit Court from taking cognizance of any suit to recover the contents of a chose in action by an assignee when the original holder could not have maintained the suit in a federal court. Sheldon v. Sill, 49 U. S. (8 How.) 441, 447, 12 L. Ed. 1147. A real estate mortgage is a chose in action, as it is now a lien upon and not a title to or in land, but a mere security for debt. Hall v. Bartlett (N. Y.) 9 Barb. 297, 299. Personal injury. The term "chose in action," in its broadest sense, includes a right of action for a personal injury. Bennett v. Bennett, 23 N. E. 17, 21, 116 N. Y. 584, 6 L. R. A. 553. As personal property. See "Personal Property." As confined to personalty. "Choses in action" are said to be things wherein a man is not possessed, but is put to his action for the recovery of them. 1 Lill. Ab. 378. And a "chose" has been defined to mean the legal interest possessed by a party in a contract or a right, which, in case of opposition, cannot be reduced into beneficial enjoyment without an action or suit. 5 Petersd. Ab. 404. But it is not confined to claims to personalty. A condition and power of re-entry into land upon a feoffof the condition, is of the nature of a chose ment, gift, or grant, before the performance in action. Hall v. Bartlett (N. Y.) 9 Barb. 297, 299, 300 (citing Tom. Dict. "Chose"). The term "chose in action" "is applied exclusively to property in chattels personal, of which there are choses in possession and choses in action, the latter being those of which a man has only the bare right, without any occupation or enjoyment. All property in action depends entirely upon contracts, either express or implied, which are the only regular means of acquiring a chose in action." Van Wicklen v. Paulson (N. Y.) 14 Barb. 654, 656 (citing 2 Bl. Comm. 389). As requiring present right of action. A chose in action does not require a present right of action. Thus a note payable on time is a chose in action as soon as it is made. So a note payable in work is assignformance of the work has not been demandable as a chose in action, though the pered. Haskell v. Blair, 57 Mass. (3 Cush.) 534, 536. Promissory note distinguished. One who transfers a promissory note or bill by indorsement or delivery is not an as signor of a thing in action, so as to be precluded from testifying in an action thereon under a statute prohibiting such an assignor from testifying in certain cases. McHose v. Cain, 22 Wis. 486. As property. See "Property." Rent not due. Rent not yet due is not a chose in action; it is a part of the realty, and passes as such with the estate. Van Wicklen v. Paulson (N. Y.) 14 Barb. 654, 655. Right in bailment for remainder to slave. A right to the remainder in a slave devised to another for a period of years is not a chose in action. Pitts v. Curtis, 4 Ala. 350, 351. A slave held by a bailee for hire from the wife is not a chose in action, but a thing in possession. Magee v. Toland (Ala.) 8 Port. 36, 40. Right to recover possession. A thing or chose in action is defined in 2 Bl. Comm. 16, to be where a man hath not the occupation, but merely the right to occupy the thing in question, the possession of which may be recovered by a suit or action at law. Turner v. State, 1 Ohio St. 422, 426; Magee v. Poland (Ala.) 8 Port. 36, 40. A right of action for the conversion of personal property is a chose in action. Gillet v. Fairchild (N. Y.) 4 Denio, 80, 82; Denning v. Nelson, 10 West. Law J. 215, 218, 1 Ohio Dec. 503. "Chose in action," as used in Bankr. Law 1867 (14 Stat. 517) § 14, declaring that all of the property conveyed by the bankrupt in fraud of his creditors, all rights in equity or "choses in action," etc., shall be vested in the assignee, means rights of action for real or personal property, for the unlawful taking or detention of property, or for injuries thereto, and does not embrace causes of action for merely personal injuries. Noonan v. Orton, 34 Wis. 259, 264, 17 Am. Rep. 441. The term "chose in action" is sometimes used as a right of bringing the action. Thus the right to have the interest of an heir in an estate in the hands of his administrator is a chose in action. Sterling v. Sims, 72 Ga. 51, 53. Specific performance of contract. "Chose in action," as used in Rev. St. § 629 [U. S. Comp. St. 1901, p. 503], declaring that no Circuit Court shall have cognizance of any suit to recover the contents of any chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, etc., includes a suit to enforce the performance of a contract, such suit being one to recover the contents of a "chose in action." Shoecraft v. Trustees of Internal Imp. Fund, 8 Sup. Ct. 686, 689, 124 U. S. 730, 31 L. Ed. 574. Stock. The purchase of stock in a corporation is not the purchase of a "chose in action," within the meaning of an instrument forbidding such purchase. Ramsey v. Gould (N. Y.) 57 Barb. 398, 408. Stock subscription. The term "chose in action" includes unpaid subscriptions to the capital stock of a corporation, and therefore an action at law may be maintained thereon by a receiver of the corporation on its insolvency. Barkalow v. Totten, 32 Atl. 2, 3, 53 N. J. Eq. (8 Dick.) 573: Coler v. Grainger County (U. S.) 74 Fed. 16, 21, 20 C. C. A. 267. Torts. "While a 'chose in action' is ordinarily understood as a right of action for money arising under contract, the term is undoubtedly of much broader signification, and includes the right to recover pecuniary damages for a wrong inflicted either on the person or property. It embraces demands arising qut of tort, as well as causes of action originating in the breach of the contract." City of Cincinnati v. Hafer, 30 N. E. 197, 198, 49 Ohio St. 60. Chose in action "includes all rights to personal property not in possession which may be enforced by action, and it makes no difference whether the owner has been deprived of his property by the tortious act of another, or by his breach of a contract express or implied. In both cases the debt or damages of the owner is a thing in action." Gillet v. Fairchild (N. Y.) 4 Denio, 80, 82. CHOSE IN POSSESSION. Choses in possession are personal things of which one has possession. Vawter v. Griffin, 40 Ind. 593, 601. A chose in possession is a chose which the person has not only the right to enjoy, but also the actual enjoyment thereof. Ster ling v. Sims, 72 Ga. 51, 53. CHOUSE. To "chouse" means to cheat, trick, or defraud-followed by "of" or "out of," as "to chouse one of his money." Southern Kansas Ry. Co. v. Isaacs, 49 S. W. 690, 691, 20 Tex. Civ. App. 466. CHRIST. mon use and acceptation, and as it is generally understood. It is to be presumed that Where a petition alleged the making of the framers of the Constitution, when they a note sued on by Christopher McElhenon, and used the word in the Bill of Rights, used it the note was signed "Christy" or "Christ." in its common and ordinary sense. Such is McElhenon, there was no material variance the ordinary and universal rule, unless someor misnomer, the given name attached to the thing appears to restrict or qualify such ordinote being abbreviations of the name al-nary meaning. Hale v. Everett, 53 N. H. leged. Weaver v. McElhenon, 13 Mo. 89, 90. 9, 53, 16 Am. Rep. 82. New Hampshire Bill of Rights, art. 6, says that every denomination of "Christians" demeaning themselves quietly and as good subjects of the state shall be equally under the protection of the law, and no subordination of any one sect or denomination to another shall ever be established by law. In construing the Bill of Rights the court said: "The Encyclopædia of Religious Knowledge says the term 'Christian,' when used in its more strict scriptural and theological sense, denotes one who really believes the Gospel, imbibes the spirit, is influenced by the grace and obedient to the will of Christ, and this it calls the 'sacred and proper use of the word. It mentions another use of the word, which it calls the 'political or conventional' use, which denotes one who assents to the doctrines of the religion of Christ, and who, being born of Christian parents or in a Christian country, does not profess any other religion or belong to any other of the divisions of men, such as Jews, Mohammedans, deists, pagans, and atheists; or, as is said in another part of the article, Christians may be considered as nominal and real." In the opinion the court uses the term "Christian" in its political and conventional sense, as above stated, that being the sense in which it is ordinarily used in constitutions and statutes and legal documents. As used in the Bill of Rights, the word is not used in a sense baving no reference to Christianity as a system of religious doctrines, or in some indefinite sense which would include all good men who behave well without regard to their religious belief. It is the belief in the Christian religion, and in Jesus Christ as its author and as the true Messiah, that makes a Christian. A man may be a Christian, in the political or conventional sense in which we use the word, if he assents to the truth of the Christian system. If he lives an upright life it makes him a good, or, as might be said, a consistent, Christian. But any amount of good living will not make a pagan a Christian until he believes the Christian faith. There is and can be no doubt as to what the word "Christian" means in its com CHRISTIAN NAME. Where a statute provides that a writ be indorsed with the "Christian and sur name" of the attorney, it is sufficiently complied with by indorsing the surname and the ini tials of the Christian name. Stratton V. Foster, 11 Me. (2 Fairf.) 467. The term "Christian name" is used in the sense of "given name," and includes the name given to a corporation by the Legisla ture. Johnson v. Central R. R., 74 Ga. 397. CHRISTIAN SCIENCE. As medicine, see "Medicine." "The adherents of 'Christian Science' believe that matter has no existence except as a manifestation of mind; that the divine mind is all-controlling; that the human mind, by becoming clean and purified, can, to a degree, realize and employ the powers of the divine mind; that all sickness and bodily ills are merely a species of sin, error, or evil, and exist only in the apprehension of the human mind, and are in no wise phenomena of matter; that the divine mind has the same power to relieve one of such sin or error, manifested in the form of disease, as it has to expel any other unclean or evil thought; and that 'the human mind, if it can only so perfect itself as to partake in a sufficient degree of the omnipotence of the divine mind, also will be able to throw off and rid itself of disease. These beliefs are embodied in a book called 'Science and Health,' which purports to derive them from the teachings of the Bible. Demonstrations of these teachings are attempted by Christian Scientists, who are known as 'healers,' and who treat disease without the use of any material means whatever; the treatment, as one of them testified, being always a prayer. They do not claim to cure all bodily ills, but they attribute their failures, not to the nature of the illness, but to the imperfect realization by the healer of the divine mind, since to them the possibilities of Christian Science are infinite. It is their belief, on the other hand, that, when a patient does recover, the healer has realized sufficiently the truths as taught by 'Science and Health' and the Bible, and has, by his understanding of the power of God, as thus demonstrated by Christian Science, been able to remove the imperfections of which the disease was the result. It is therefore evident that, how |