Levy v. Webster
Supreme Judicial Court of Maine
On motion and exceptions by defendant, Eliza J. Webster. Action of assumpsit against the defendants jointly on a promissory note, brought in the Portland Municipal Court, Cumberland County, where judgment was rendered for the plaintiffs and the defendants appealed to the Superior Court in said County.
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On motion and exceptions by defendant, Eliza J. Webster. Action of assumpsit against the defendants jointly on a promissory note, brought in the Portland Municipal Court, Cumberland County, where judgment was rendered for the plaintiffs and the defendants appealed to the Superior Court in said County. Defendant John H. Webster pleaded the general issue and Eliza J. Webster, the other defendant pleaded the general issue with a brief statement alleging that the note was procured by duress. At the conclusion of the evidence in the Superior Court, the presiding Justice directed a verdict against…
1Opinion of the CourtKing, J.
John H. Webster, one of the defendants, gave the note in suit to save himself from being committed tojail on a writ against him in an action of trover. At the time the note was given, at his request, the other defendant, Eliza J. Webster, signed an indorsement on the back of the note "I hereby guarantee the. payment of the within note.” This is an action of assumpsit against the defendants jointly on the note, and the defense was duress. The presiding Justice instructed the jury that no duress had been proved that would avoid the contract of Eliza J. Webster and directed a verdict against…
2Cited by1 opinion
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