... 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 the person or property of another, from which the latter has no other means of immediate relief than... United States Supreme Court Reports - Trang 408bởi United States. Supreme Court - 1901Xem Toàn bộ - Giới thiệu về cuốn sách này
| 1888 - 942 trang
...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...means of immediate relief than by making the payment. Thus, where the Confederate government by public notice prohibited the exportation of cotton, except... | |
| 1917 - 1154 trang
...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...payment over the person or property of another. from ir/ik'/i the latter has no other means of immediate relief than l>y makiny the payment." In the recent... | |
| Abraham Clark Freeman - 1889 - 994 trang
...well as by actual duress. It is sufficient, say the court in Radich v. Hutchins, supra, when there is "some actual or threatened exercise of power possessed,...means of immediate relief than by making the payment." See, too, Burr v. Burton, 18 Ark. 233. 11 will be se.en from this that there must be a pressing and... | |
| Abraham Clark Freeman - 1889 - 966 trang
...by actual duress. It is sufficient, say the court in Radich v. Hutchins, supra, when there is "somo -actual or threatened exercise of power possessed,...person or property of another, from which the latter lias no other means of immediate relief than by making the payment." See, too, Burr v. Burton, 18 Ark.... | |
| 1890 - 1268 trang
...involuntary, there must be some actual or threatened exercise of power poseeused, or believed to be by the party exacting or receiving the payment over...no other means of immediate relief than by making payment." Counsel also cite Peyser v. Mayor, 70 NY497. In that case, FOLGJSK. J., speaking for the... | |
| 1890 - 1178 trang
...Toconstitute thecoercion or duress which will be regarded as sufficient to make a pay meut in voluntary, * * * there must be some actual or threatened exercise of...the party exacting or receiving the payment over the регион or property of another, from which the latter has no other means of immediate relief than... | |
| John Forrest Dillon - 1890 - 894 trang
...Burlington, 69 Iowa, 140; Winzer и. Burlington, 68 Iowa, 279. §943 MUNICIPAL CORPORATIONS. §944 be possessed, by the party exacting or receiving the...another, from which the latter has no other means or reasonable means of immediate relief except by making payment.1 § 944. Voluntary Payment ; Mistake... | |
| John Forrest Dillon - 1890 - 922 trang
...Burlington, 69 Iowa, 140; Winzer». Burlington, 68 Iowa, 279. §943 MUNICIPAL CORPORATIONS. §944 Ъе possessed, by the party exacting or receiving the...another, from which the latter has no other means or reasonable means of immediate relief except by making payment.1 § 944. Voluntary Payment ; Mistake... | |
| John Davison Lawson - 1890 - 944 trang
...be recovered back.2 As to what amounts to compulsion of this kind, it is said in a leading case: " There must be some actual or threatened exercise of power possessed, or supposed to be possessed, by the party exacting or receiving the payment, over the person or property... | |
| Frank Frederick Brightly - 1890 - 686 trang
...coercion or compulsion which the law will recognize as sufficient to render the payments involuntary there must be some actual or threatened exercise ! of power possessed or supposed to be possessed 1 by the party exacting or receiving the payment, from which the party making... | |
| |