 To constitute the coercion or duress which will be regarded as sufficient to make a payment involuntary, there must be some actual or threatened exercise of power possessed or believed to be possessed by the party exacting or receiving the payment over...  United States Supreme Court Reports - Side 416av United States. Supreme Court - 1913Uten tilgangsbegrensning - Om denne boken
 | Arkansas. Supreme Court - 1888 - 666 sider
...power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter...means of immediate relief than by making the payment." See, too, Burr v. Burton, 18 Ark., 233. It will be seen from this that there must be a pressing and... | |
 | Georgia. Supreme Court - 1883 - 926 sider
...power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter...no other means of immediate relief than by making payment." 2 Dillon, §943 (3d edition); Radick vs. Hudson, 95 US, 210 ; 4 Gill, 425; 18 Cal., 256;... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1875 - 674 sider
...misapprehension of the legal rights and obligations of the party I paying. And it is invariably held, that a payment is not to be regarded as compulsory, unless made to relieve the per son or property from an actual and existing duress imposed upon him by the party to... | |
 | 1878 - 542 sider
...power possessed or believed to be possessed by the party exacting or receiving the payment over the person or property of another, from which the latter...payment. As stated by the Court of Appeals of Maryland, as a doctrine established by the authorities, " a payment is not to be regarded as compulsory unless... | |
 | United States. Supreme Court - 1878 - 858 sider
...power possessed, or believed to be possessed, by. the party exacting or receiving the payment, over the person or property of another, from which the latter...no other means of immediate relief than by making payment. EBBOR to the Circuit Court of the United States for the Eastern District of Texas. This was... | |
 | 1878 - 442 sider
...power possessed or believed to be possessed by the party exacting or receiving the payment over the person or property of another, from which the latter has no other immediate means of relief than by making payment. A payment is not to be regarded as compulsory unless... | |
 | William Wait - 1879 - 1002 sider
...a power possessed, or believed to be possessed by the party exacting or receiving payment, over the person or property of another from which the latter...no other means of immediate relief than by making payment. Baltimore v. Leffeman, 4 Gill (Md.), 425; Brumagim v. Tittinyhast, 18 Cal. 265 ; Mays v. Cincinnati,... | |
 | Nathaniel Cleveland Moak - 1880 - 914 sider
...power possessed, or believed to be possessed, by the party exacting or receiving the payment, over the person or property of another, from which the latter...no other means of immediate relief than by making payment : Kadich v. Hutchins, 05 US R~, 210. In order to constitute digress of the person, the threat... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - 1882 - 706 sider
...was paid under compulsion. " And it is invariably held," says the court, in Elston v. Chicago, supra, "that a payment is not to be regarded as compulsory, unless made to relieve the person or property from an actual and existing duress imposed upon him by the party to... | |
 | Georgia. Supreme Court - 1883 - 924 sider
...power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter...no other means of immediate relief than by making payment.'' 2 Dillon, §943 (3d edition); Radick vs. Hudson, 95 US, 210; 4 Gill, 425 ; 1 8 Cal., 256;... | |
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