Schoenfeld v. City of Bradford
Superior Court of Pennsylvania
Appeal, No. 106, Oct. T;, 1900, by plaintiff, from judgment of O. P. McKean Co., June T., 1899, No. 294, on case stated in suit of A. Scboenfeld v. City of Bradford. Case stated in'an action to recover back money alleged to have been paid under duress.
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Appeal, No. 106, Oct. T;, 1900, by plaintiff, from judgment of O. P. McKean Co., June T., 1899, No. 294, on case stated in suit of A. Scboenfeld v. City of Bradford. Case stated in'an action to recover back money alleged to have been paid under duress. The material portions of the case stated were as follows: 1. The plaintiff is a resident of Allegheny county, Pennsylvania, and the defendant is a municipal corporation of the third class existing under the laws of the state of Pennsylvania. 2. That on or about January 11, 1899, the plaintiff, not having been previously engaged in the clothing…
1Opinion of the Court
Opinion by
Orlady, J.,
The only question necessary for us to decide in this case is, the right of the plaintiff to recover from the defendant the amount of money paid to the city solicitor under the terms of the written agreement between them, which is made a part of the case stated. On this subject the law is well, settled. A voluntary payment of money under a claim of right cannot in general be recovered back, but it has been held that when a party is compelled by duress of his person or goods to pay money for which he is not liable, it is not voluntary, but compulsory; and he may rescue…
2Cases cited8 opinions
- Payne v. School DistrictSupreme Court of Pennsylvania · 1895
- Gould v. McFallSupreme Court of Pennsylvania · 1888
- Peebles v. City of PittsburghSupreme Court of Pennsylvania · 1882
- Appeal of NeelySupreme Court of Pennsylvania · 1889
- De La Cuesta v. Insurance Co. of N. A., Pennsylvania Court of Common Pleas, Philadelphia County1890
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- McClure v. Greene County, Pennsylvania Court of Common Pleas, Greene County1928