Inhabitants of Whitefield v. Longfellow
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas. This was an action of debt on a bond executed by Longfellow, as principal, and the other defendants, as his sureties, and conditioned to pay the “ laying in” charges of one Mary Jenny, then pregnant with an illegitimate child, and to pay the bills which should accrue for the necessary support of her child, until it should be three years old.
Read the full summary
Exceptions from the Court of Common Pleas. This was an action of debt on a bond executed by Longfellow, as principal, and the other defendants, as his sureties, and conditioned to pay the “ laying in” charges of one Mary Jenny, then pregnant with an illegitimate child, and to pay the bills which should accrue for the necessary support of her child, until it should be three years old. The general issue was pleaded and joined, and a brief statement filed alleging, that said bond was obtained from said Longfellow by duress of imprisonment, and by threats of the same. The plaintiffs proved the…
1Opinion of the Court
The action was continued nisi, and the opinion of the Court drawn up by
Weston C. J.
A lawful detention or imprisonment of the person, does not constitute duress. The arrest or restraint of the principal defendant was warranted by law ; and it does not appear to have been unreasonably extended. While before the magistrate, some time was taken up in endeavoring to negotiate an adjustment ; and the magistrate might take a reasonable time, to consider what it was proper for him to do. But if a man executes *150a bond for fear of imprisonment, that is, of unlawful imprisonment, be may avoid it on the…
2Cited by7 opinions
- Hatch v. BarrettSupreme Court of Kansas · 1885
- Bush v. BrownIndiana Supreme Court · 1874
- Coffelt v. WiseIndiana Supreme Court · 1878
- Geddes v. SibleySupreme Court of Connecticut · 1932
- State v. KellerWest Virginia Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.