| Hill sued Tompkins in assumpsit to recover money paid to satisfy a note held by Tompkins as security. Despite Tompkins' demurrer, damages were awarded. However, the court found no grounds to overturn precedent regarding voluntary payment of usury, stating the legislature didn't intend to create a cause of action in such cases. As the payment wasn't compelled, Tompkins could have resisted, making the demurrer valid. Thus, the judgment was reversed. |