Bailey v. Minge
Alabama Court of Appeals
Appeal from Law and Equity Court, Marengo County; Edward J. Gilder, Judge. Action by Bessie C. Minge against Walter E. Bailey. Judgment for plaintiff, and defendant appeals.
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Appeal from Law and Equity Court, Marengo County; Edward J. Gilder, Judge. Action by Bessie C. Minge against Walter E. Bailey. Judgment for plaintiff, and defendant appeals. This is an action on the common counts, to recover an excess amount claimed to have been paid by the plaintiff to the defendant in the settlement of the amount claimed to have been due under a contract for the redemption of land, the plaintiff in the court below (appellee hei’e) claiming that in the settlement of the amount due under a contract between her and the defendant (appellant here) the defendant demanded and she…
1Opinion of the CourtSamford, J.
The contention of appellant is, and upon it he bases his right to reversal, that although the plaintiff did serve notice on the defendant at the time of the payment of the money that it wgs paid under protest, and that plaintiff would sue to recover it, that fact does not save the payment from being voluntary, unless the facts and circumstances amount to a legal compulsion.
If the payment was voluntary and unconditional, under a full knowledge of all the facts, a mere protest, without legal compulsion, does not rescue such payment from being voluntary. Welch v. Mayor and Council of Marion, 48…
2Cases cited2 opinions
- Leahy v. WardenCalifornia Supreme Court · 1912
- Welch v. Mayor of MarionSupreme Court of Alabama · 1872
3Cited by3 opinions
- Corbett v. Devon BankAppellate Court of Illinois · 1973
- Smith v. BaldwinSupreme Court of Alabama · 1939
- Lewis v. Colquitt CountyCourt of Appeals of Georgia · 1944