Cobb v. Charter
Supreme Court of Connecticut
General Assumpsit for money liSd and received ; with a second count alleging that a certain chest of tools belonging to the plaintiff and used by him in his trade as a joiner, which was in the possession of the defendant, was wrongfully detained by him, though demanded by the plaintiff, and that the defendant refused to deliver it up until the plaintiff should pay him $25 ; that the plaintiff had sustained great damage by being deprived of the chest and by being unable to…
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General Assumpsit for money liSd and received ; with a second count alleging that a certain chest of tools belonging to the plaintiff and used by him in his trade as a joiner, which was in the possession of the defendant, was wrongfully detained by him, though demanded by the plaintiff, and that the defendant refused to deliver it up until the plaintiff should pay him $25 ; that the plaintiff had sustained great damage by being deprived of the chest and by being unable to work at his trade in consequence, and that he afterwards paid the $25 to recover the chest; all which was to his damage…
1Opinion of the CourtMcCurdt, J.
In this case the honesty of th§ plaintiff’s claim and the justice of the verdict are undenied. His tools and implements of trade necessary for upholding life were detained from him by the defendant until they were redeemed by tlie payment of money to which the defendant had no shadow of right. The defense is strictly technical throughout.
The first and principal ground is that the payment was voluntary. It is undoubtedly^ general rule that’money paid voluntarily, without fraud and with a full knowledge of all the facts, can not be recovered back by the party who has so paid it. He is bound to…
2Cases cited2 opinions
- Fleetwood v. City of New YorkThe Superior Court of New York City · 1849
- Carey v. PrenticeConnecticut Superior Court · 1784
3Cited by17 opinions
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- Fitzgerald ex rel. Stockholders of the Fitzgerald & Mallory Construction Co. v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1895
- Taylor v. HallTexas Supreme Court · 1888
- Hornstein v. Paramount Pictures, Inc.New York Supreme Court · 1942
- Fargusson v. WinslowSupreme Court of Minnesota · 1885
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