Brown against McKinally
Jurisdiction | England & Wales |
Judgment Date | 01 January 1793 |
Date | 01 January 1793 |
Court | High Court |
English Reports Citation: 170 E.R. 356
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.
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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Woolwich Equitable Building Society v Commissioners of Inland Revenue
...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......
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