| John Forrest Dillon - 1911 - 782 pages
...the action. Grim ». Weisconsist of some actual or threatened exercise of power possessed, or assumed 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 or reasonable means of immediate relief... | |
| Thomas Gold Frost - 1911 - 350 pages
...circumstances, and without any coercion by the 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 of the party making the payment, from which the latter has no means of immediate relief than... | |
| William Theophilus Brantly - 1912 - 590 pages
...fees to an officer for doing his duty,4 the payments are compulsory. "To constitute the coercion of duress, which will be regarded as sufficient to make...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... | |
| 1912 - 1064 pages
...& Eng. Enc. Law, 57, tit. " Duress," and cases cited. In Radich v. Hutchins, supra, it is said : " To constitute the coercion or duress which will be...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... | |
| William Frederick Elliott - 1913 - 962 pages
...CONTRACTS. The general rule relative to involuntary payment is usually stated thus : "To constitute coercion or duress which will be regarded as sufficient...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... | |
| United States. Supreme Court - 1913 - 1140 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 DOW the redemption of the cotton as made in money, goods being taken as equivalent for... | |
| George Fox Tucker - 1913 - 292 pages
...circumstances, and without any coercion by the 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 of the party making the payment, from which the latter has no other means of immediate relief... | |
| Randolph Stauffer, Wellington M. Bertolet - 1913 - 774 pages
...Duress — Protest. To constitute the coercion which the law will recognize as sufficient to render a payment involuntary, there must be some actual or threatened exercise of power, possessed, or supposed to be possessed, by the party exacting payment, from which the party making the payment has... | |
| 1914 - 1350 pages
...and generally mean the same thing, was not error. Pickler v. Wise, 132 NW 815, 817, 152 Iowa, 644. "To constitute the 'coercion' or 'duress' which will...believed to be possessed, by the party exacting or recovering the payment, over the person or property of another, for which the latter has no means of... | |
| 1914 - 1272 pages
...919-929 ; Dec. Dig. § 311.*] 5. PAYMENT (§ 87*) — RECOVERY — "DURESS." To constitute "duress" there must be some actual or threatened exercise of...exacting or receiving the payment over the person or property of another, for which the latter has no other Immediate relief than by making the payment.... | |
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