Knight v. Brown
Michigan Supreme Court
Error to Grand Traverse; Mayne, J. Replevin by Agnes Knight against Willard Brown. There was judgment for plaintiff, and defendant brings ■error. This is an action of replevin for a horse. The declaration is in the usual form; plea, the general issue. Plaintiff is a widow, living upon and carrying on her farm.
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Error to Grand Traverse; Mayne, J. Replevin by Agnes Knight against Willard Brown. There was judgment for plaintiff, and defendant brings ■error. This is an action of replevin for a horse. The declaration is in the usual form; plea, the general issue. Plaintiff is a widow, living upon and carrying on her farm. She gave evidence tending to show that defendant suggested to her to trade her horse for a span of ponies owned by his brother, Harlan; that at defendant’s request she went with him to Harlan’s house to see them; that they talked over the terms of the trade; that there was a mortgage on…
1Opinion of the CourtGrant, J.
(after stating the facts). We think plaintiff did not bring herself within the principle of duress as enunciated by the authorities. In Hockley v. Headley, 45 Mich. 569 (8 N. W. 511), Justice Cooley said:
“ Duress exists when one, by the unlawful act of another, is induced to make a contract or perform some act under circumstances which deprive him of the exercise of free will.”
According to her own statement, she held out for four *399hours, refusing to sign the papers. .Three parties were present who had no interest in the transaction. There were no threats. She was simply told that the defendant…
2Cases cited1 opinion
- Hackley v. HeadleyMichigan Supreme Court · 1881
3Cited by9 opinions
- Samuels Shoe Co. v. FrensleySupreme Court of Oklahoma · 1931
- Riney v. DollSupreme Court of Kansas · 1924
- Newsom v. MedisSupreme Court of Oklahoma · 1951
- Apter v. JoffoMichigan Court of Appeals · 1971
- Lewis v. DoyleMichigan Supreme Court · 1914
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