Commercial Bank of Rochester v. City of Rochester
New York Supreme Court
APPEAL from an order made at a special term, overruling a demurrer to the complaint.
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The question presented upon this appeal is purely one of pleading. The law is well settled that money paid voluntarily upon a doubtful claim, in settlement or compromise of it cannot be recovered. It is equally well settled that money extorted by a duress of the person or of personal property is recoverable if it was not justly due. In Harmony v. Bingham, (2 Kern. 116,) Justice Buggies states the rule as follows: “ 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.” In such…
2Cited by8 opinions
- Pratt v. Lincoln CountyWisconsin Supreme Court · 1884
- Harrington v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Lansing v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1896
- Rand v. Board of County CommissionersSupreme Court of Minnesota · 1892
- Breuchaud v. Bank of New York & Trust Co.New York Supreme Court · 1935
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