Comstock v. Tupper

Supreme Court of Vermont

Comstock v. Tupper

50 Vt. 596

CourtSupreme Court of Vermont

DecidedJanuary 15, 1878

StatusPublished

Cited by3 cases

This text of 50 Vt. 596 (Comstock v. Tupper) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Comstock v. Tupper, 50 Vt. 596 (Vt. 1878).

Pincite

Opinion

The opinion of the court was delivered by

Barrett, J.

This must be regarded either as a voluntary payment in satisfaction and discharge of a claim made upon the plaintiff, or to buy off from and quiet a criminal prosecution to which he was exposed. Nothing in the character of extortion or duress is shown that relieves the transaction from the character, or the plaintiff from the positio'n, which we assign to them as above. This being so, plaintiff cannot have the money back by action. See books and cases passim.

Judgment affirmed.

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The opinion of the court was delivered by

Barrett, J.

This must be regarded either as a voluntary payment in satisfaction and discharge of a claim made upon the plaintiff, or to buy off from and quiet a criminal prosecution to which he was exposed. Nothing in the character of extortion or duress is shown that relieves the transaction from the character, or the plaintiff from the positio'n, which we assign to them as above. This being so, plaintiff cannot have the money back by action. See books and cases passim.

Judgment affirmed.

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Bluebook (online)

50 Vt. 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comstock-v-tupper-vt-1878.

Opinion

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