Vick v. Shinn
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. G. S. Cunningham, Judge. This was not a voluntary payment, but the appellant paid under duress, and under a state of circumstances which entitle him to recover. Bishop on Cont. {1838), secs. 143-5, 243; 10 How. (U. S.), 242; 1 Pars. Cont. {1883), bot. p. 443 to 446; 3 B. & C, 33; 4 D. & R., 283; g Johns., 335; id., 201; 106 Mass., 1; 40 Mich:, 363; 43 Ark., 365; 2g N. W. Rep., 418; 114 Mass., 364; 46 Ark., 358; 15 Am.
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APPEAL from Pope Circuit Court. G. S. Cunningham, Judge. This was not a voluntary payment, but the appellant paid under duress, and under a state of circumstances which entitle him to recover. Bishop on Cont. {1838), secs. 143-5, 243; 10 How. (U. S.), 242; 1 Pars. Cont. {1883), bot. p. 443 to 446; 3 B. & C, 33; 4 D. & R., 283; g Johns., 335; id., 201; 106 Mass., 1; 40 Mich:, 363; 43 Ark., 365; 2g N. W. Rep., 418; 114 Mass., 364; 46 Ark., 358; 15 Am. Rep., 323, and notes. 1. The payment was made voluntarily, with full knowledge of all the facts, without either fraud, mistake or duress, one of…
1Opinion of the CourtCockrill, C. J.
Vick brought his action against Shinn to recover money which he alleged had been received for his use and benefit. The dispute was about an over-payment made by the plaintiff to the defendant upon the purchase of a lot of corn. The corn bargained for was 500 bushels at seventy-five cents a bushel. The plaintiff made his note for the amount, and to secure payment, executed a mortgage upon some mules and wagons and a lot of lumber. Seventy-seven bushels of the corn, as the court finds from the testimony, were never in fact delivered, but the defendant (Shinn) insisted upon payment of the full…
2Cases cited5 opinions
- Hackley v. HeadleyMichigan Supreme Court · 1881
- Radich v. HutchinsSupreme Court of the United States · 1877
- Brumagim v. TillinghastCalifornia Supreme Court · 1861
- Town of Ligonier v. AckermanIndiana Supreme Court · 1874
- McPherson v. . CoxNew York Court of Appeals · 1881
3Cited by19 opinions
- Curtis Lumber Co., Inc. v. Louisiana Pacific Corp.Court of Appeals for the Eighth Circuit · 2010
- Ellis v. First National BankSupreme Court of Arkansas · 1924
- Vick Consolidated School District No. 21 v. NewSupreme Court of Arkansas · 1945
- Koewing v. Town of West OrangeSupreme Court of New Jersey · 1916
- Ritchie v. Bluff City Lumber Co.Supreme Court of Arkansas · 1908
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