Hensinger v. Dyer
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. George E. Longan, Judge. (1) Under tlie rule announced and adopted by this court in Bell v. Campbell, 123 Mo. 1, the threats of Dyer to prosecute plaintiffs constituted duress.
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Appeal from Pettis Circuit Court. — Hon. George E. Longan, Judge. (1) Under tlie rule announced and adopted by this court in Bell v. Campbell, 123 Mo. 1, the threats of Dyer to prosecute plaintiffs constituted duress. The rule adopted in that case is contained in these words: “The circumstances of this case clearly bring it within the operation of the principle that condemns and avoids a contract entered into whore the obligor is not a free agent; where he stands in vinculis; where he is not equal to the task of protecting himself; where the circumstances which surround him at the time are of…
1Opinion of the CourtBurgess, J.
— This is a suit in equity by plaintiffs who are husband ánd wife against Dyer as beneficiary, and Porter as trustee, in a deed of trust executed by plaintiffs, to enjoin a sale thereunder then about to be made, and to have declared void and of no effect the note whose payment is secured by the deed of trust upon the land of the plaintiff Sarah Hensinger and described there-in, upon the ground that their execution and delivery to Dyer were obtained by duress.
A temporary injunction was granted, and after answer filed by defendants, a motion was filed by them to dissolve the injunction, which…
2Cases cited14 opinions
- 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
- United States v. HuckabeeSupreme Court of the United States · 1873
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
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3Cited by12 opinions
- Coleman v. Crescent Insulated Wire & Cable Co.Supreme Court of Missouri · 1943
- State v. FreedmanSupreme Court of Missouri · 1955
- Mississippi Valley Trust Co. v. BegleySupreme Court of Missouri · 1923
- Burton v. McMillanSupreme Court of Florida · 1906
- Gorringe v. ReedUtah Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.