Silsbee v. Webber
Massachusetts Supreme Judicial Court
Contract, to recover $1,150, alleged to have been obtained by duress. Trial in the Superior Court, before Lilley, J., who ruled that the action could not be maintained; directed the jury to return a verdict for the defendant; and, at the request of the parties, reported the case for the consideration of this court. If the ruling was right, judgment was to be entered on the verdict; otherwise, the verdict was to be set aside, and the case to stand for trial.
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Contract, to recover $1,150, alleged to have been obtained by duress. Trial in the Superior Court, before Lilley, J., who ruled that the action could not be maintained; directed the jury to return a verdict for the defendant; and, at the request of the parties, reported the case for the consideration of this court. If the ruling was right, judgment was to be entered on the verdict; otherwise, the verdict was to be set aside, and the case to stand for trial. The facts appear in the opinion. The case was submitted on briefs to all the justices.
1Opinion of the CourtHolmes, J.
This is an action to recover money alleged to have been got from the plaintiff by duress. In the court below a verdict was directed for the defendant, and the case was reported. The plaintiff’s son had been in the defendant’s employ, had been accused by him of stealing the defendant’s money, had signed a confession, whether freely or under duress is not material, and had agreed to give security for $1,500. There was a meeting between the plaintiff and the defendant, in the course of which, as the plaintiff testified, the defendant said he should have to tell the young man’s father, the…
2Cases cited8 opinions
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Adams v. . Irving National BankNew York Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
- Rubenstein v. RubensteinSupreme Court of New Jersey · 1956
- Jacques v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1923
- Sullivan v. BarrowsMassachusetts Supreme Judicial Court · 1939
- Lajoie v. MillikenMassachusetts Supreme Judicial Court · 1922
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