CHESEBROUGH v. UNITED STATES

No. 152.

192 U.S. 253 (1904)

24 S.Ct. 262

48 L.Ed. 432

CHESEBROUGH v. UNITED STATES.

Supreme Court of United States.

Decided January 25, 1904.


Attorney(s) appearing for the Case

Mr. Paul Fuller and Mr. F.R. Coudert, Jr., with whom Mr. Henry M. Ward was on the brief, for plaintiff in error.

Mr. Assistant Attorney General Purdy for the United States.


MR. CHIEF JUSTICE FULLER, after making the foregoing statement, delivered the opinion of the court.

The rule is firmly established that taxes voluntarily paid cannot be recovered back, and payments with knowledge and without compulsion are voluntary. At the same time, when taxes are paid under protest that they are being illegally exacted, or with notice that the payer contends that they are illegal and intends to institute suit to compel their repayment, a recovery...

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