Taylor v. Blake
Supreme Court of Minnesota
This action was brought in the District Court for Olmstead County, to recover certain promissory notes, demands and obligations alleged to have been obtained from Alexander F. Taylor, by duress, and afterwards assigned, transferred and set over by said Taylor to the plaintiff. A demurrer was inter-' posed to the plaintiff’s complaint on the grounds “ that the same did not state facts sufficient to constitute a cause of action. That there was a defect of parties plaintiffs.”
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This action was brought in the District Court for Olmstead County, to recover certain promissory notes, demands and obligations alleged to have been obtained from Alexander F. Taylor, by duress, and afterwards assigned, transferred and set over by said Taylor to the plaintiff. A demurrer was inter-' posed to the plaintiff’s complaint on the grounds “ that the same did not state facts sufficient to constitute a cause of action. That there was a defect of parties plaintiffs.” The demurrer was sustained by the court below, and judgment entered for the defendant. The jilaintiff appeals to this…
1Opinion of the Court
By the Court
Wilson, Ch. J.
This action is brought to recover personal property, alleged to have been obtained from the plaintiff’s grantor by duress. The complaint alleges “that on the day and year, and at the place aforesaid, the defendant, John D. Blake, by his attorneys, clerks, agents and servants, for improper purposes, and without just cause, and also without lawful authority, arrested, restrained, imprisoned, and violently detained, the said Alexander F. Taylor, for two days then next ensuing, contrary to law; and by duress of imprisonment, and by threats, and undue influence, compelled…
2Cases cited2 opinions
- McClintick v. CumminsU.S. Circuit Court for the District of Indiana · 1843
- Taylor v. CottrellIllinois Supreme Court · 1854
3Cited by5 opinions
- Gaston v. MerriamSupreme Court of Minnesota · 1885
- C. Aultman & Co. v. SiglingerSouth Dakota Supreme Court · 1892
- Miles v. WannSupreme Court of Minnesota · 1880
- Rand v. Board of County CommissionersSupreme Court of Minnesota · 1892
- Folsom v. County of ChisagoSupreme Court of Minnesota · 1881