Legal Opinion

Downing v. Ely

Massachusetts Supreme Judicial Court

Decided September 25, 1878PublishedCited by 1 opinion

Contract upon seven promissory notes. The answer set up want of consideration, and that the notes were obtained by fraud and duress. At the trial in the Superior Court, before Gardner, J., there was evidence that the plaintiffs, claiming to have a cause of action against the defendants, caused the goods in the defendants’ shop to be attached, and that the defendants, in settlement of this claim, and to obtain a release of the attachment, gave the notes in suit.

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Contract upon seven promissory notes. The answer set up want of consideration, and that the notes were obtained by fraud and duress. At the trial in the Superior Court, before Gardner, J., there was evidence that the plaintiffs, claiming to have a cause of action against the defendants, caused the goods in the defendants’ shop to be attached, and that the defendants, in settlement of this claim, and to obtain a release of the attachment, gave the notes in suit. It also appeared that, some weeks before the attachment, the defendants, being indebted to the plaintiffs and others, made a…

1Opinion of the Court

By the Court.

The instructions given, although not using the word “ duress,” covered the whole matter of the request, and were quite as favorable to the plaintiffs as the instruction asked for. Judgment on the verdict.

2Cited by1 opinion

  1. Mascolo v. MontesantoSupreme Court of Connecticut · 1891

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