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Elliott Vs. Swartwout

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  • US Supreme Court
  • Jan 01, 1836

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36 entries 36 unlinked
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  1. U.S. 137 (1836) U.S. Supreme Court Elliott v. Swartwout
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  2. U.S. 10 Pet. 137 137 (1836) Elliott v. Swartwout
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  3. must be by application to the favor of the government, and not on the ground of a legal right. The case of Morgan v. Palmer
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  4. payment having been voluntary, it could not be recovered back in an action for money had and received. And in Brisbain v. Dacres
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  5. been paid over to the public treasury, as in the question now under consideration. Lord Eldon, in the case of Bromley v. Holland
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  6. approves the doctrine and says it is a sound principles that a voluntary payment is not recoverable back. In Cox v. Prentice
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  7. And in Buller v. Harrison
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  8. and required not to pay it over, he is personally liable. The principle laid down by Lord Ellenborough in Townsend v. Wilson
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  9. for, says Lord Ellenborough, the plaintiff had been arrested and was under duress when he paid the money. In Stevenson v. Mortimer
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  10. cases of voluntary payments made by Page 35 U. S. 156 mistake is evident from what fell from him in Sadler v. Evans
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  11. a public officer beyond any protection, sanctioned by any principles of law or sound public policy. The case of Irving v. Wilson
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  12. and therefore this could not be called a voluntary payment. The case of Greenway v. Hurd
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  13. to waive the objection by paying it. And Lord Kenyon considered the case as falling within the principle of Sadler v. Evans
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  14. Bur. 1984, which has already been noticed. In the case of Snowden v. Davis
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  15. of process to redeem his goods, and not with intent that it should be paid over to anyone. The case of Ripley v. Gelston
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  16. extorted as a condition of giving a clearance, and not with intent or purpose to be paid over. In the case of Clinton v. Strong
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  17. such circumstances was a voluntary payment precluding the party from contesting it afterwards. The case of Hearsey v. Pryn
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  18. money to which the principal had no right if the agent has had notice not to pay it over. And in the case of Fry v. Lockwood
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  19. paid over, no suit will lie against the agent to recover it back. But the distinction taken in the case of Ripley v. Gelston
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  20. U.S. Supreme Court Elliott v. Swartwout
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  21. of Morgan v. Palmer
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  22. Brisbain v. Dacres
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  23. of Bromley v. Holland
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  24. In Cox v. Prentice
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  25. Buller v. Harrison
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  26. Townsend v. Wilson
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  27. In Stevenson v. Mortimer
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  28. Sadler v. Evans
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  29. of Irving v. Wilson
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  30. of Greenway v. Hurd
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  31. of Sadler v. Evans
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  32. of Snowden v. Davis
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  33. of Ripley v. Gelston
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  34. of Clinton v. Strong
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  35. of Hearsey v. Pryn
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  36. of Fry v. Lockwood
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