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" ... the party had his freedom of exercising his will, which this man had not: we must take it he paid the money relying on his legal remedy to get it back again. "
Reports of Cases Argued and Determined in the Court of Appeals and Court of ... - Side 261
av South Carolina. Court of Appeals, James Albert Strobhart - 1848
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The Quarterly Law Journal, Volum 2

1857 - 412 sider
...interest. "We think also," said the court, "that this is a payment by compulsion. The plaintiff might have such an immediate want of his goods that an action of trover would not do his- business. Where the rule, volenti non fit injuries, is applied, it must be where the party...
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Selwyn's Abridgment of the Law of Nisi Prius

William Selwyn - 1861 - 840 sider
...The court held, that the action would well lie, for it was a payment by compulsion, and the plaintiff might have had such an immediate want of his goods that an action of trover would not have answered his purpose, and the rule volenti non fit iiijuria holds only where the party has...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volum 12

United States. Supreme Court - 1909 - 746 sider
...influences, the court says: " We think also this a payment by compulsion. The plaintiff might have such an immediate want of his goods that an action of trover would not do his business. Where the rule volenti nonfit injuria is applied, it must be where the party has...
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The American Reports: Containing All Decisions of General Interest ..., Volum 51

Isaac Grant Thompson - 1885 - 944 sider
...from him. The court says : ' We think that this was a payment by compulsion; the plaintiff might have such an immediate want of his goods that an action of trover would not do his business; where the rule tolenti nonjit injuria, is applied it must be where the party had...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 25

West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1885 - 940 sider
...from him. The court says : " We think that this was a payment by compulsion ; the plaintiff might have such an immediate want of his goods that an action of trover would not do his business ; where the rule rolenti non fit iniuria is applied it must be where the party...
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The American Decisions: Containing All the Cases of General Value ..., Volum 49

1886 - 878 sider
...compulsion, and it was then thought that the maxim volenti non Jit injuria was applicable only where the party had a legal right of exercising his will....whereof he had been spoliated. In Shaw v. Woodcock, 14 Eng.Gom.L. 43, assignees of a bankrupt had gained possession of certain policies of insurance, upon...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1886 - 718 sider
...from him. The court says : " We think that this was a payment by compulsion ; the plaintiff might have such an immediate want of his goods that an action of trover would not do his business ; where the rule volenti nonfit injuria is applied it must be where the party had...
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The Northwestern Reporter, Volum 52

1892 - 1284 sider
...Blatchf. 297. AH was said as long ago as Astley v. Keynolds, 2 Strange, 915, "plaintiff might have such an immediate want of his goods that an action of trover would not do hin huHineSH. Where the rule voletiti non et lujuria is applied, it muet be when the party has...
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Illustrative Cases in Contracts

William Sullivan Pattee - 1893 - 554 sider
...unlawfully demanded and taken. This, say the Court, " is a payment by compulsion ; the plaintiff might have such an immediate want of his goods that an action of trover would not do his business ; where the rule volenti non Jit injuria is applied, it must be when the party...
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The American State Reports: Containing the Cases of General Value ..., Volum 32

Abraham Clark Freeman - 1893 - 1004 sider
...Blatch. 297. As was said as long ago as Anile y v. Reynolds, 2 Strange, 915, "plaintiff might have such an immediate want of his goods that an action of trover would not do his business. Where the rule volenti non fit injuria is applied, it must be when the party has...
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