Legal Opinion

Benedict v. Roome

Michigan Supreme Court

Decided September 26, 1895PublishedCited by 11 opinions

Appeal from Ionia; Davis, J. Bill by Sarah. J. Benedict against William P. Roome and others to set aside a mortgage on the ground that it was executed under duress. From a decree for complainant, defendants appeal. The mortgage in question was obtained by duress, or by undue influence, amounting to the same thing in law.

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Appeal from Ionia; Davis, J. Bill by Sarah. J. Benedict against William P. Roome and others to set aside a mortgage on the ground that it was executed under duress. From a decree for complainant, defendants appeal. The mortgage in question was obtained by duress, or by undue influence, amounting to the same thing in law. Buck v. Bank, 27 Mich. 293; Snyder v. Willey, 33 Mich. 483; Meeeh v. Lee, 82 Mich. 274; Cribbs v. Sowle, 87 Mich. 340; Miller v. Lumber Co., 98 Mich. 163; McCormick Harvesting Machine Co. v. Hamilton, 73 Wis. 486; Bank v. Kusworm, 88 Wis. 188; Harris v. Carmody, 131 Mass. 51;…

1Opinion of the CourtGrant, J.

Complainant’s husband had been, for some years prior to the date of the mortgage involved in this case, a traveling salesman for the defendants, a copartnership of New York City, under the firm name of William P. Roome & Co. He collected moneys, amounting in all to about $800, belonging to his employers, and appropriated the same to his own use. Under his own admissions, he was guilty of the crime of embezzlement. His wife, the complainant, knew nothing of this state of affairs until about the time of the giving of the mortgage. He had no property. She owned a house and lot in the city of…

2Cases cited3 opinions

  1. Meech v. LeeMichigan Supreme Court · 1890
  2. Miller v. Minor Lumber Co.Michigan Supreme Court · 1893
  3. McCormick Harvesting Machine Co. v. HamiltonWisconsin Supreme Court · 1889

3Cited by11 opinions

  1. Burton v. McMillanSupreme Court of Florida · 1906
  2. Hensinger v. DyerSupreme Court of Missouri · 1898
  3. Bentley v. RobsonMichigan Supreme Court · 1898
  4. Gorringe v. ReedUtah Supreme Court · 1901
  5. Hanson v. LoescherMichigan Supreme Court · 1922

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