D'Aloia v. City of Summit

The opinion of the court was delivered by

Black, J.

The appeal in this case presents a single point for discussion and decision, viz., whether the payments of lines which were the subject of the suit in the trial court, were voluntary payments and made without duress of the person.

The action was brought by the plaintiff, as assignee, to recover lines from the city of Summit, imposed upon five defendants, by the police court of the city of Summit, for the violation of a city ordinance. Subsequent to the imposition and payment of the fines, the conviction of the five defendants was, upon review,…