Becker v. Brooklyn Edison Co.

Plaintiff sues to recover the sum of $121.10 alleged to have been wrongfully exacted by defendant. Defendant, a transportation corporation, denies plaintiff’s right to a return of the money, contending that it demanded and received it in payment of a just claim; that it was a voluntary payment. As authority for his right to recover plaintiff invokes the rule that “ when a party is compelled by duress of his person or goods to pajr money for which he is not liable it is not voluntary but compulsory and may be recovered.” Harmony v. Bingham, 12 N. Y. 99, 116. Defendant contends the situation…