 | Byron Kosciusko Elliott, William Frederick Elliott - 1905 - Broj stranica: 1368
...Jennings, l Car.) 211; Nelson v. Suddarth, l The payment is not compulsory unless made to геНете the person or property from an actual and existing duress imposed upon him by the party to whom the money is paid.288 It is the rule, however, that a party is not bound to... | |
 | 1907 - Broj stranica: 806
...when he has voluntarily paid the same with full knowledge of all the facts, unless the payment was made "to emancipate the person or property from an actual and existing duress imposed by the party to whom the money is paid." Brumagin v. Tillinghast, 18 Cal. 265/79 Am. Dec. 176 ; Baltimore... | |
 | 1908 - Broj stranica: 1186
...Sergeant. 65 Neb. 601, 59 L. UA 2ÍIO. 91 NW 595 — Pilsen v. Busliong, 29 Gratt. 238. 4. A payment is not compulsory, unless made to emancipate the person or...from an actual and existing duress imposed upon it bv the party to whom the money is paid. Radich v. Htitchins, 95 US 210, 24: 40Э Cited In Cleaveland... | |
 | California. District Courts of Appeal - 1910 - Broj stranica: 992
...making the payment." In Huddleston v. Washington, 136 Cal. 515, 519, [69 Pae. 146], the court said: "A payment is not to be regarded as compulsory, unless...imposed upon it by the party to whom the money is paid." A threat to refuse performance of a contract cannot be made the predicate of legal duress. (9 Cyc.... | |
 | Colorado. Supreme Court - 1909 - Broj stranica: 710
...cases)." — Radich v. Hutchins, 95 US 210, 213. "The general doctrine has been frequently announced that a payment is not to be regarded as compulsory unless...imposed upon it by the party to whom the money is paid, or to prevent a seizure by a party armed with apparent authority to seize the property." — 22 Am.... | |
 | 1911 - Broj stranica: 1386
...Or, to state the proposition conversely, a payment is to be regarded as compulsory when made to free property from an actual and existing duress imposed upon it by the party to whom the money Is paid, or to prevent a seizure by a party armed with apparent authority to seize the property. The parties... | |
 | United States. Courts - 1912 - Broj stranica: 1064
...As stated by the court of appeals of Maryland, the doctrine established by the author!tics is that ' a payment is not to be regarded as compulsory, unless...imposed upon it by the party to whom the money is paid.' Mayor, etc., v. Lefferman, 4 Gill. 425; Brumagim v. Tillinghast, 18 Cal. 265 ; Mays v. Cincinnati,... | |
 | 1912 - Broj stranica: 1064
...the author!Opinion of the Court. ties Is that ' a payment Is not to be regarded as compulsory, nnless made to emancipate the person or property from an...imposed upon it by the party to whom the money Is paid.' Mayor, etc., v. Lefferman, 4 Gill, 425 ; Brumagim v. Tillinyhast, 18 Cal. 265 ; Mays v. Cincinnati,... | |
 | United States. Supreme Court - 1913 - Broj stranica: 1140
...As stated by the Court of Appeals of Maryland, the doctrine established by the authorities is, that "a payment is not to be regarded as compulsory, unless...imposed upon it by the party to whom the money is paid." Baltimore v. LelTerman, 4 Gill., 425; Brumacin v. Tillinghast, 18 Cal., 2G5 ; Mays v. Cincinnati, 1... | |
 | 1916 - Broj stranica: 1226
...regarded as compulsory unless mad« to emancipate the person or property from an actual and t'xisting duress imposed upon it by the party to whom the money is paid, or to prevent a seizure by a party armed with apparent authority to seize the property. The courts,... | |
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Maryland, the doctrine established by the authorities is, that " a payment is not to be regarded as compulsory, unless made to emancipate the person or property from an actual and existing duress imposed upon it by the party to whom the money is paid. 
