Scholey v. . Mumford

That the sum paid by the plaintiff to the defendants was illegally demanded, and that they had no just right to it, is not denied. But they claim to retain it on the ground that the payment was voluntary; and they cite the elementary rule, "that, by submitting to the demand, he that pays the money gives it to whom he pays it, and makes it his, and closes the transaction between them."

The court, at the trial, sustained this claim of the defendants, and decided that, although the defendants were not entitled to the commissions claimed, yet, the payment thereof, in the manner proved, was a…