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WEST PARK AVE., INC. v. TP. OF OCEAN

48 N.J. Super. 122 (1966)

WEST PARK AVE., INC., A BODY CORPORATE OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. TOWNSHIP OF OCEAN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE BOARD OF EDUCATION OF THE TOWNSHIP OF OCEAN, DEFENDANTS-RESPONDENTS.

Supreme Court of New Jersey.

Decided November 7, 1966.

Attorney(s) appearing for the Case

Mr. Robert I. Ansell argued the cause for appellant (Messrs. Anschelewitz, Barr and Ansell, attorneys).

Mr. Bernard D. Karasic argued the cause for respondent Township of Ocean (Messrs. Karasic and Karasic, attorneys).

Mr. Samuel Y. Patterson argued the cause for respondent Board of Education (Mr. Henry H. Patterson, of counsel; Messrs. Patterson and Cooper, attorneys).

The opinion of the court was delivered by WEINTRAUB, C.J.

Plaintiff sued to recover $17,700 which it paid defendants, allegedly under duress. The trial court found the payments were in fact made unwillingly but held they nonetheless were "voluntary" in law and therefore unrecoverable because plaintiff ought to have sued to restrain the defendant municipality from pressing its illegal demand. We certified plaintiff's appeal before argument in the Appellate Division...

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