Bond v. Kidd
Supreme Court of Georgia
Equitable petition. Before Judge Holden. Hart superior ■court. December 22, 1904. The petition of Bond against Kidd alleged, in substance: The plaintiff hired from the defendant a horse and buggy, and made a trip with them into Madison county. Having reached his destination, he hitched the horse to a tree near the house to which he was going. Some time thereafter the horse became frightened at •a dog.
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Equitable petition. Before Judge Holden. Hart superior ■court. December 22, 1904. The petition of Bond against Kidd alleged, in substance: The plaintiff hired from the defendant a horse and buggy, and made a trip with them into Madison county. Having reached his destination, he hitched the horse to a tree near the house to which he was going. Some time thereafter the horse became frightened at •a dog. The plaintiff caught hold of the buggy lines, but the bridle broke and the horse ran down the road for a distance of about two miles and ran into Broad river. The river was several' feet above…
1Opinion of the CourtCobb, J.
Where duress is relied upon in a pleading to defeat a contract, facts sufficient to show duress must be pleaded. Carswell v. Hartridge, 55 Ga. 412. The Civil Code, § 3536, declares that “ duress consists in any illegal imprisonment, or legal imprisonment used for an illegal purpose, or threats of bodily or other harm, or other means amounting to or tending to coerce the will of another, and actually inducing him to do an act contrary to his free will.” Threat of bodily harm is duress. Love v. State, 78 Ga. 66. It may be' that, under the broad language of the section quoted, any conduct which…
2Cases cited3 opinions
- Carswell v. HartidgeSupreme Court of Georgia · 1875
- Russell v. McCartySupreme Court of Georgia · 1872
- Love v. StateSupreme Court of Georgia · 1887
3Cited by19 opinions
- Alfred R. Chouinard, II and Ginger Leigh Chouinard v. Alfred F. ChouinardCourt of Appeals for the Fifth Circuit · 1978
- Young v. YoungSupreme Court of Georgia · 1939
- Mallory v. Royston BankSupreme Court of Georgia · 1911
- Bond v. KiddCourt of Appeals of Georgia · 1907
- King v. LewisSupreme Court of Georgia · 1939
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