Pembroke v. Hayes
Supreme Court of Iowa
'Appeal from Fremont District Courts — Hon. Walter I. Smith, Judge. Action to recover money paid under duress. There was a trial to a jury, and a verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtSherwin, J.
1 *5782 *5771't was a question of fact to be determined by the jury whether the $1,000 note given the defendant by the plaintiff was to cover the agreed commission to be paid the defendant if he sold the plaintiff’s farm. If that was the only consideration which entered into it, nothing was due the defendant thereon, for it is a conceded fact that he did not make the sale. This issue the jury found in favor of the plaintiff. The further question whether the payment of this note by the plaintiff at the time and under the circumstances claimed by him was under duress, as defined by the trial court, was…
2Cases cited7 opinions
- Radich v. HutchinsSupreme Court of the United States · 1877
- Brumagim v. TillinghastCalifornia Supreme Court · 1861
- Joannin v. OgilvieSupreme Court of Minnesota · 1892
- Lonergan v. BufordSupreme Court of the United States · 1893
- Chandler v. SangerMassachusetts Supreme Judicial Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Secor v. SiverSupreme Court of Iowa · 1917
- Davidson v. BradfordSupreme Court of Iowa · 1927
- Myers v. WatsonSupreme Court of Iowa · 1927