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One may threaten another, who has stolen goods or embezzled money, with civil action or criminal prosecution, if made in good faith, and thereafter successfully defend against an action brought by the wrongdoer to recover the goods or money paid by him under such circumstances. In the case of Ingebrigt v. Seattle Taxicab & Transfer Co., 78 Wash. 433, 139 P. 188, the employee misappropriated money belonging to his employer, who later demanded its return, and threatened the employee with criminal prosecution if he refused. Being fearful of prosecution, restitution was made. Thereafter the employee brought suit to recover the money which he claimed was wrung from him through fear of prosecution and imprisonment. He testified that his employer threatened him by uttering the following: '. . . that it wouldn't take Prosecuting Attorney Murphy but a short time to send me to Walla Walla;' that 'It would be nice for you to lay up in jail tonight;' that 'It wouldn't be very nice for you to lay upon the hill in jail tonight,' and that 'You better settle up. Give us the truck and square up'.' The question presented was whether the employee had paid the money ...

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