It is our opinion that a trial is required so that plaintiff may have an opportunity to present his proof that the payment was not made with intent to ratify the trust indenture but was the result of a form of duress. While it is not elaborated upon in the briefs it appears that plaintiff is attempting to bring his case within the modern doctrine of economic duress or compulsion. Thereunder it might be found upon a trial that the payment of money has been made under such...
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