The Principles of the Law of Public Corporations
The Principles of the Law of Public Corporations
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The same is true, as it obviously ought to be, when real property is involved. See cases above cited, particularly Seeley v. Westport, Guy v. Wash- burn; also Stephan v. Daniels, 27 Ohio St. 527 ; Valentine v. St. Paul, 213] CONTRACT LIABILITIES.
219 84 Minn. 446. Nor is it necessary, in order to constitute compulsory as distinguished from a voluntary payment, that the unlawful de- mand be made by an officer who is prepared to enforce it by proc- ess. There may be that kind and degree of necess...ity or coercion which justifies and virtually re- quires payment to be made of the illegal demands of a private per- son who has it in his power to se- riously prejudice the property rights of another, and to impose upon the latter the risk of suffer- ing great loss if the demand be not complied with. This is illustrated in the case of Fargusson v. Wins- low, 34 Minn. 384, and cases cited. " The payment of an illegal water charge under threat that the water would be shut off, which would re- sult in closing the plaintiff's foun- dry, is such "moral duress" as to make the payment compulsory.
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You can find similar books in the "Read Also" column, or choose other free books by Elliott, Charles B. (Charles Burke), 1861-1935 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The same is true, as it obviously ought to be, when real property is involved. See cases above cited, particularly Seeley v. Westport, Guy v. Wash- burn; also Stephan v. Daniels, 27 Ohio St. 527 ; Valentine v. St. Paul, 213] CONTRACT LIABILITIES.
219 84 Minn. 446. Nor is it necessary, in order to constitute compulsory as distinguished from a voluntary payment, that the unlawful de- mand be made by an officer who is prepared to enforce it by proc- ess. There may be that kind and degree of necess...ity or coercion which justifies and virtually re- quires payment to be made of the illegal demands of a private per- son who has it in his power to se- riously prejudice the property rights of another, and to impose upon the latter the risk of suffer- ing great loss if the demand be not complied with. This is illustrated in the case of Fargusson v. Wins- low, 34 Minn. 384, and cases cited. " The payment of an illegal water charge under threat that the water would be shut off, which would re- sult in closing the plaintiff's foun- dry, is such "moral duress" as to make the payment compulsory.
What to read after The Principles of the Law of Public Corporations?
You can find similar books in the "Read Also" column, or choose other free books by Elliott, Charles B. (Charles Burke), 1861-1935 to read onlineMoreLess
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