Same - Money Obtained By Fraud Or Duress

Where a person has obtained money from another under an agreement which the latter has the right to avoid on the ground of fraud, duress, or undue influence, the latter, on avoiding the contract, may recover the amount as money received for his use.50

Money obtained by means of duress or compulsion may in like manner be recovered in assumpsit.51 Duress may consist, as we have seen, in violence or unlawful imprisonment,62 or threats of violence 53

18 Ind. 440, 81 Am. Dec. 367; National Trust Co. v. Gleason, 77 N. Y. 400, 33 Am. Rep. 632; New York Guaranty & Indemnity Co. v. Gleason, 78 N. Y. 503; Tightmeyer v. Mongold, 20 Kan. 90; Fanson v. Linsley, 20 Kan. 235. And see Stockett v. Watkins' Adm'rs, 2 Gill & J. (Md.) 326, 20 Am. Dec. 438. See "Assumpsit, Action of," Dec. Dig. (Key-No.) § 8; Cent. Dig. §§ 42-54.

48 Holt v. Ely, 1 El. & Bl. 795; Chowne v. Baylis, 31 Law J. Ch. 757; Stone v. Marsh, 6 Barn. & C. 551; Hindmarch v. Hoffman, 127 Pa. 284, 18 Atl. 14, 4 L. R. A. 368, 14 Am. St. Rep. 842; Litt v. Martindale, 18 C. B. 314. See "Money Received" Dec. Dig. (Key-No.) § S; Cent. Dig. § SO.

49 Catts v. Phalen, 2 How. 376, 11 L. Ed. 306; Western Assur. Co. v. Towle, 65 Wis. 247, 26 N. W. 104; Kiewert v. Rindskopf, 46 Wis. 481, 1 N. W. 163, 32 Am. Rep. 731; Marsh v. Keating, 1 Bing. N. C. 198; Cory v. Freeholders, 47 N. J. Law, 181; Burton v. Driggs, 20 Wall. 125, 22 L. Ed 299. See "Money Received," Dec. Dig. (Key-No.) § 8; Cent. Dig. § 30.

50Thornett v. Haines, 15 Mees. & W. 367; Street v. Blay, 2 Barn. & Adol. 456; Dashaway Ass'n v. Rogers, 79 Cal. 211, 21 Pac. 742; Gompertz v. Denton, 1 Cromp. & M. 207; Foster v. Bartlett, 62 N. H. 617; ante, p. 292. See "Money Received," Dec. Dig. (Key-No.) § 8; Cent. Dig. § 30.

51 Shaw v. Woodcock, 7 Barn. & C. 73; Atlee v. Backhouse, 3 Mees. & W. 633; Chandler v. Sanger, 114 Mass. 364, 19 Am. Rep. 367; Preston v. City of Boston, 12 Pick. (Mass.) 7. On this subject generally, see ante, p. 298, and cases there collected. See "Money Received" Dec. Dig. (Key-No.) § 8; Cent. Dig. § SO.

52 De Mesnil v. Dakin, L. R. 3 Q. B. 18. As we have seen in another connection, even a legal arrest and imprisonment may be duress if there is abuse of process. Ante, p. 300; Heckman v. Swartz, 64 Wis. 48, 24 N. W. 473. See "Contracts," Dec. Dig. (Key-No.) § 95; Cent. Dig. §§ 431-440; "Payment," Dec. Dig. (Key-No.) § 87; Cent. Dig. §§ 283-2S7.

53 Ante, pp. 297-301.

or unlawful imprisonment,84 in which cases it is duress of the person; or it may be duress of goods, as where property is wrongfully taken or withheld under oppressive circumstances.55 Further than this, "where money has been obtained * * * by any kind of compulsion or oppression sufficient to render the payment involuntary," it may be recovered as a debt for money received for the use of the plaintiff.56