Paris v. Dexter
Supreme Court of Vermont
This was an appeal from a decree of the court of chancery dismissing the orator’s bill. The orator in his bill, set forth and charged, in substance, that, on the 28th of August, 1839, the defendant commenced an action of slander against him, based upon allegations which were false and malicious ; that the defendant caused the orator to be arrested, and so having him in arrest, made use of various fraudulent devices to extort money from him, in compromise and settlement of…
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This was an appeal from a decree of the court of chancery dismissing the orator’s bill. The orator in his bill, set forth and charged, in substance, that, on the 28th of August, 1839, the defendant commenced an action of slander against him, based upon allegations which were false and malicious ; that the defendant caused the orator to be arrested, and so having him in arrest, made use of various fraudulent devices to extort money from him, in compromise and settlement of the suit, by means of which the orator, being seventy-three years of age, and of weak bodily health, and feeble mental…
1Opinion of the Court
*380The opinion of the court was delivered by
Hebard, J.
To grant the relief prayed for, the orator must prove that, at the time he gave the note, he was in such an imbecile state of mind as to be incapable of understanding the nature, effect and extent of the business he was transacting, arising from some temporary cause, or the infirmities of age, — or he must show such overreaching and fraud on the part of the defendant, as will make it unconscionable for him to retain it.
We think the orator has not established either of these points. It is fully established by the proof, that defendant thought…
2Cited by3 opinions
- Sanford v. HuxfordMichigan Supreme Court · 1875
- Adams v. AdamsSupreme Court of Iowa · 1886
- Billingslea v. WareSupreme Court of Alabama · 1858