Avey v. Town of Brant

Payments coerced by duress may be recovered back. “ The coercion, however, must be illegal, unjust or oppressive.” (Deshong v. City of New York, 176 N. Y. 475, 479.) The complaint alleges no facts showing that it was illegal, unjust dr oppressive for. the town to attempt to collect moneys apparently due to it from the Supervisor. The words “ wrongfully claimed ” state a mere conclusion and do not imply that defendant knew that plaintiff had expended the money for authorized town purposes. All that is alleged is consistent with threats to enforce what the town believed to be its legal rights,…