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" To constitute the coercion or duress which will be regarded as sufficient to make the 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 payment... "
New England Reporter: All Cases Determined in the Courts of Last Resort, as ... - Page 267
1887
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 49

Arkansas. Supreme Court - Law reports, digests, etc - 1888 - 666 pages
...Hutchins, su/>., when there is " 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 by making the payment."...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 68

Georgia. Supreme Court - Equity - 1883 - 926 pages
...involuntary, must in general consist of 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 by making payment." 2 Dillon,...
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San Francisco Law Journal, Volume 1

Law - 1878 - 442 pages
...payment involuntary there must be some actual and 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 immediate means of relief than by making payment. A payment...
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United States Reports, Supreme Court: Cases Argued and ..., Volume 5; Volume 95

United States. Supreme Court - Law reports, digests, etc - 1878 - 858 pages
...redemption of the 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, or believed to be possessed, by the party exacting or receiving the paymont over the person or property...
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Estee's Pleadings, Practice and Forms: In Actions Both Legal and ..., Volume 1

Morris March Estee - Civil procedure - 1878 - 648 pages
...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, 18 Cal. 2C5. The object of the protest is to take from the payment its...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volume 1

Electronic journals - 1878 - 542 pages
...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 payment over the person or property...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 24

Nathaniel Cleveland Moak - Law reports, digests, etc - 1880 - 914 pages
...payment involuntary must consist of 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 by making payment : Kadich...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 149-150

Law reports, digests, etc - 1907 - 2094 pages
...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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The York Legal Record, Volume 10

Law reports, digests, etc - 1897 - 246 pages
...the U. S Supreme Court, ' ' may often be a question of difficulty. It may be said in general, that there must be some actual or threatened exercise of power, possessed or sup posed to be possessed by the party exacting or receiving payment from which the party paying has...
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The Supreme Court Reporter, Volume 24

Law reports, digests, etc - 1904 - 906 pages
...be made voluntarily, with full knowledge of all the circumstances, and without any coercion by the actual or threatened exercise of power possessed,...party exacting or receiving the payment, over the o person or property of the party making the ft payment, from which the latter has no other * means...
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