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50 Vt. 596

Comstock v. Tupper

Supreme Court of Vermont

Decided January 15, 1878

Supreme Court of Vermont · decided 1878-01-15

General Assumpsit. Trial by the court, December Term, 1874, Pierpoint, C. J., presiding.

Cited by 2 later decisions — most recently April 1912

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1878-01-15

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¶1The opinion of the court was delivered by

Barrett, J.

¶2This 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.

¶3Judgment affirmed.

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