Adams v. . Irving National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court in the city of New York, entered upon an order made the first Monday of December, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover money claimed to have been obtained from the plaintiff by threats, coercion and undue influence.
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Appeal from judgment of the General Term of the Superior Court in the city of New York, entered upon an order made the first Monday of December, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover money claimed to have been obtained from the plaintiff by threats, coercion and undue influence. The facts out of which it arose are as follows: The plaintiff is the wife of Jay L. Adams, who was adjudged a bankrupt in 1878. The defendant was a creditor of Adams to the amount of…
1Opinion of the CourtBrown, J.
The evidence as to the statements and representations made to the plaintiff to induce her to make the settlement with the bank was conflicting. The jury were, however, entitled to, and upon the defendant’s appeal we must-assume they did, adopt the view of the transaction properly inferable from the plaintiff’s evidence. This evidence justified the inference that the payment to the bank was not the free, unconstrained and voluntary act of the plaintiff, but was induced by the fear of her husband’s arrest on the eve of their departure for Europe, and the effect such an act might have upon his…
2Cases cited15 opinions
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- Krumm v. . BeachNew York Court of Appeals · 1884
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- Fisher v. . BishopNew York Court of Appeals · 1888
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3Cited by63 opinions
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- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
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