Brown against McKinally

JurisdictionEngland & Wales
Judgment Date01 January 1793
Date01 January 1793
CourtHigh Court

English Reports Citation: 170 E.R. 356

IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.

Brown against M'Kinally

Followed, Hamlel v. Richardson, 1833, 9 Bing 644 Referred to, Davies v. Hodges, 187, L R 6 Q B. 687, Maskell v. Horner,[1915]3 K B. 106.

Same day. brown against M'kin ally. (Where a party sued on a claim which he knows to be founded, pays it voluntarily and with notice, it is not recoverable bark in assumpsit, though at the time he pays it, he declarer that he pays it without prejudice to his right to recover ) [Followed, Hatnlet v Richardson, 1833, 9 Bing 644 Referred to...

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8 cases
  • R v Commissioners of Inland Revenue ex parte Woolwich Equitable Building Society
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 May 1991
    ...Bispham with Norbreck UDCELR[1910] 1 KB 592 Brocklebank (T & J) Ltd v The King ELR[1924] 1 KB 647 Brown v McKinally ENRENR(1795) 1 Esp 278; 170 ER 356 Buckingham v Francis UNK[1986] 2 All ER 738 Bourgoin SA v Ministry of Agriculture ELR[1986] QB 716 Campbell v Hall ENRENR(1774) 1 Cowp 204; ......
  • Woolwich Equitable Building Society v Commissioners of Inland Revenue
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 May 1991
    ...is paid without prejudice to the payer's right to recover it, the payment is a voluntary payment, and the transaction is closed. (See Brown v. M'Kinally.) It is argued that as unpaid tolls can be recovered by distress levied upon the goods of the person who fails to pay, the seizure is to b......
  • Sa Gomes v the Attorney General of Trinidad and Tobago et Al
    • Trinidad & Tobago
    • High Court (Trinidad and Tobago)
    • 27 March 1998
    ... ... deemed to be involuntary and the sum paid is recoverable as money had and received: Brown v. M'kinally (1795) 1 Esp. 279 ... 21 Moreover if a person pays ... distrained in circumstances which make the distress wrongful and an action lies for damages against the distrainor in respect of this wrongful distress: Mc Gregor on Damages 15 th Edition at ... ...
  • Don Nuno Alvares Pereira de Mello, Duke of Cadaval, against Thomas Collins
    • United Kingdom
    • Court of the King's Bench
    • 27 April 1836
    ...the pressure, supplies the defence. This is shewn by Marriott v. Hampton (7 T. R. 269), Knibbs v. Hall (1 Esp. 84), arid Brown v. M'Kindly (1 Esp. 279). [Patteson J. In Fulham v. Down (6 Esp. 26, (note)), Lord Kenyon qualifies the doctrine; he says, "Unless to redeem, or preserve your perso......
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