chose in action.
1. A proprietary right in personam, such as a debt owed by another person, a share in a joint-stock company, or a claim for damages in tort. [Cases: Property
5. 5. C.J.S. Property § 22; Trading Stamps and Coupons§ 2.]
2. The right to bring an action to recover a debt, money, or thing.
3. Personal property that one person owns but another person possesses, the owner being able to regain possession through a lawsuit.
— Also termed thing in action.
“Chose, or, thing in action is, when a man hath cause, or may bring an action for some duty due to him; as an action of debt … and because they are things whereof a man is not possessed, but for recovery of them is driven to his action, they are called things in action.” Termes de la Ley 85 (1st Am. ed. 1812).
“The term chose in action has been in common use for a long time, but some doubts have been recently raised as to its precise meaning. (See Law Quarterly Review for 1893, 1894, 1895.) A Divisional Court, however, has now given us the following definition: ‘ “chose in action” is a known legal expression used to describe all personal rights of property which can only be claimed or enforced by action, and not by taking physical possession.’ Torkington v. Magee, [1902] 2 K.B. p. 430. The phrase ‘rights of property’ does not seem a very happy one, but it is quite clear that the court meant to include under the term chose in action rights under a contract and rights of action arising from breach of contract.” William R. Anson, Principles of the Law of Contract 362 n. (b) (Arthur L. Corbin ed., 3d Am. ed. 1919).
chose in possession. Personal property for which title and possession unite in the same person.
— Also termed thing in possession.
chose local. A fixed chattel.
chose transitory. A movable chattel.
