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" ... the party had his freedom of exercising his will, which this man had not: we must take it he paid the money relying on his legal remedy to get it back again. "
Reports of Cases Argued and Determined in the Court of Appeals and Court of ... - Σελίδα 261
των South Carolina. Court of Appeals, James Albert Strobhart - 1848
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Reports of Adjudged Cases in the Courts of Chancery, King's Bench ..., Τόμος 2

Great Britain. Courts, John Strange - 1782 - 654 σελίδες
...tender enough. We think alfo, that this is a payment by compulfion ; the plaintiff might have fuch an immediate want of his goods, that an action of trover would not do his bufmefs : where the rule velenti non Jit injuria is applied, it muft be where the party...

An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 700 σελίδες
...court held, that the action would well lie, for it was a payment by compulsion (36), and the plaintiff might have had such an immediate want of his goods that an action of trover would not have answered his purpose, and the ru\ecolenti nonjit injuria holds only where the party has a...

An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - 1817 - 684 σελίδες
...court held that the action well lay, for that it was a payment by compulsion ; the plaintiff might have such an immediate want of his goods, that an action of trover would not do his business, and the rule volenti non Jit injuria holds only where the party had his freedom...

The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 680 σελίδες
...the Court held, that the action would well lie, for it was a payment by compulsion, and the plaintiff might have had such an immediate want of his goods that an action of trover would not have answered his purpose, and the rule volenti nonjit injuria holds only where the party has a...

An Abridgment of the Law of Nisi Prius, Τόμος 1

William Selwyn - 1824 - 768 σελίδες
...which might well induce the plaintiff to pay his money, and ' make such payment involuntary." Arg. MSS. have had such an immediate want of his goods that an action of trover would not have answered his purpose, and the rule tolenti nan Jit injuria holds only where the party has...

An Abridgment of the Law of Nisi Prius...

William Selwyn - 1831 - 774 σελίδες
...principal and legal interest being tendered, the increase of the demand beyond what he must be supposed to had such an immediate want of his goods that an action of trover would not have answered his purpose, and the rule volenti non fit injuria holds only where the party has...

Reports of Cases Adjudged in the Supreme Court of Judicature of the ..., Τόμος 3

William Johnson, New York (State). Supreme Court - 1849 - 866 σελίδες
...The court, in giving judgment, said that it was a payment by compulsion ; the plaintiff might have such an immediate want of his goods that an action of trover would not do his business ; that where the rule volcnti non fit injuria is applied, it must be where the...

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 45

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 - 1882 - 740 σελίδες
...unlawfully demanded and taken. This, say the court, " is a payment by compulsion : the plaintiff might have such an immediate want of his goods that an action of trover would not do his business : where the rule volenti non Jit injuria is applied, it must be when the party...

Reports of Committees: 30th Congress, 1st Session - 48th Congress ..., Τόμος 2

United States. Congress. Senate - 1856 - 594 σελίδες
...interest. "We think also," said the court, "that this is a payment by compulsion. The plaintiff might have such an immediate want of his goods that an action of trover would not do his business. Where the rule, volenti nan jit injuria, is applied, it must be where the party...

Reports from the Court of Claims Submitted to the House of ..., Τόμος 2

United States. Court of Claims - 1856 - 656 σελίδες
..."We think, also," said the court, " that this is a payment by compulsion. The plaintiff might have such an immediate want of his goods that an action of trover would not do his business. Where the rule, volenti nonfit injuria, is applied, it must be where the party...




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