 ... 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...  Reports of Cases Determined in the Appellate Courts of Illinois - Seite 526von Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1901Vollansicht - Über dieses Buch
 | Arkansas. Supreme Court - 1888 - 666 Seiten
...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,...property of another, from which the latter has no other means of immediate relief than by making the payment." See, too, Burr v. Burton, 18 Ark., 233.... | |
 | Georgia. Supreme Court - 1883 - 926 Seiten
...allegations of facts in this writ that show "there was some actual or threatened exercise of power, by the party exacting or receiving the payment, over the person or property of plaintiff, from which he had no other immediate means of relief?" We see none. The writ must be construed... | |
 | Isaac Grant Thompson - 1875 - 840 Seiten
...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 of the party making the payment, from which the latter has no other means of imme. diate relief than by... | |
 | 1878 - 542 Seiten
...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...property of another, from which the latter has no other means of immediate relief than by making the payment. As stated by the Court of Appeals of Maryland,... | |
 | 1878 - 442 Seiten
...duress which will be regarded as sufficient to make a payment involuntary there must be some actual and threatened exercise of power possessed or believed...property of another, from which the latter has no other immediate means of relief than by making payment. A payment is not to be regarded as compulsory... | |
 | United States. Supreme Court - 1878 - 858 Seiten
...cotton as made in money, goods being taken as equivalent for a part of the amount, — there must be some actual or threatened exercise of power possessed,...possessed, by the party exacting or receiving the paymont over the person or property of another, from which the latter has no other means of immediate... | |
 | William Wait - 1879 - 1002 Seiten
...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 Seiten
...COUNCIL. HL (E.) London and North Western Railway Co. v. Evershed. 1878 render a payment involuntary must consist of some actual or threatened exercise of power...property of another, from which the latter has no other means of immediate relief than by making payment : Kadich v. Hutchins, 05 US R~, 210. In order... | |
 | 1904 - 1148 Seiten
...a part of the amountthere must be some actual or threatened exercise of power possessed, or beHeved to be possessed, by the party exacting or receiving...person or property of another, from which the latter h;is no other means of Immediate relief than by making the payment. As stated by the Court of Appeals... | |
 | 1907 - 2094 Seiten
...any coercion by the tetnal and threatened exercise of power possessed, or supposed to be pos~?*>=ed-, by the party exacting or receiving the payment, over the person or ;r.:>perty of the party making the payment, from which the latter has no r.tlier means of immediate... | |
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