 | Arkansas. Supreme Court - 1888 - 666 pages
...as by actual duress. It is sufficient, say the court in Radich v. Hutchins, su/>., when there is " some actual or threatened exercise of power possessed,...exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the... | |
 | Georgia. Supreme Court - 1883 - 926 pages
...says : " The coercion or duress which will render a payment involuntary, must in general consist of some actual or threatened exercise of power possessed,...exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making payment."... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1885 - 734 pages
...making it may anticipate seizure of goods : Vicksburg v. Butler 56 Miss. 72 ; though there must be actual or threatened exercise of power, possessed or believed to be possessed, by the person exacting or receiving the payment, on the person or property of another, for which the other... | |
 | Isaac Grant Thompson - 1875 - 840 pages
...to render payments involuntary, may often be a question of difficulty. It maybe said in general that 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... | |
 | 1878 - 542 pages
...vs. O'Do?wvan, 46 NY 223; Winter vs. Coif, 3 Selden, 294.) Ib. DURESS. What does not constitute.—To constitute the coercion or duress which will be regarded...exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the... | |
 | 1878 - 442 pages
...affirmed. Cairo and Fulton SR Co. vs. Hecht. Opinion by Waite, CJ DURESS. 1. What does not constitute. — To constitute the coercion or duress which will be...make a payment involuntary there must be some actual and threatened exercise of power possessed or believed to be possessed by the party exacting or receiving... | |
 | United States. Supreme Court - 1878 - 858 pages
...redeemed. It is not pretended that either of the defendants made any application for its purchase. To constitute the coercion or duress which will be...regarded as sufficient to make a payment involuntary, — treating now the redemption of the cotton as made in money, goods being taken as equivalent for... | |
 | Morris March Estee - 1878 - 648 pages
...Harrison v. TUlingJiast, 18 Cal. 104. Generally, to constitute compulsion or coercion, so aa to render a payment involuntary, there must be some actual or threatened exercise of power, JK* sensed or supposed to be possessed by the party exacting or receiving the money: Brumayim\. Tillinghast,... | |
 | William Wait - 1879 - 1002 pages
...coercion which will render a payment involuntary must consist of some actual or threatened exercise of 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 has no other means of immediate... | |
 | Nathaniel Cleveland Moak - 1880 - 914 pages
...London and North Western Railway Co. v. Evershed. 1878 render a payment involuntary must consist of some actual or threatened exercise of power possessed,...exacting or receiving the payment, over the person or property of another, from which the latter has no other means of immediate relief than by making payment... | |
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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... 
