 ... 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...  The Federal Reporter - Seite 4841904Vollansicht - 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,...means of immediate relief than by making the payment." See, too, Burr v. Burton, 18 Ark., 233. It will be seen from this that there must be a pressing and... | |
 | 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... | |
 | 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 Seiten
...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 Seiten
...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... | |
 | United States. Supreme Court - 1878 - 858 Seiten
...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...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... | |
 | 1878 - 542 Seiten
...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. As stated by the Court of Appeals of Maryland, as a doctrine established by the authorities, " a payment is not to be regarded as compulsory unless... | |
 | 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 unless... | |
 | 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
...London and North Western Railway Co. v. Evershed. 1878 render a payment involuntary must consist of some actual or threatened exercise of power possessed,...no other means of immediate relief than by making payment : Kadich v. Hutchins, 05 US R~, 210. In order to constitute digress of the person, the threat... | |
 | 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... | |
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