Glass & Co. v. Haygood
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. W. L. Parks. The bill in this case was filed on June 12, 1900, by the appellants, C. It. G-lass & Co., against the appellee, J. C. Haygood.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. W. L. Parks. The bill in this case was filed on June 12, 1900, by the appellants, C. It. G-lass & Co., against the appellee, J. C. Haygood. The bill averred that the complainants, a partnership, were engaged in the business of conducting a public laundry in the city of Montgomery; that for the necessary conduct of its business they owned and were compelled to keep several liorses and wagons for the purpose of carrying the clothes of their customers to and from the laundry; that it was especially necessary that said horses and…
1Opinion of the CourtMcOLELLAN, C. J.
“Whenever a conveyance or contract is obtained by actual duress, equity will grant relief, defensively or affirmatively, by cancellation, injunction, or otherwise as the circumstances may require. In determining what constitutes duress — what force or threats — equity follows the law.” — 2 Pomeroy’s Eq. Jur., § 950. “Under the common-law rule, an act could be avoided for duress per minas only when the threatened danger to avoid which it was done was either loss of life, loss of a member, mayhem, or imprisonment. The avoidance of an act for duress per minas was said by the old authorities,…
2Cases cited13 opinions
- Hackley v. HeadleyMichigan Supreme Court · 1881
- Oliphant v. MarkhamTexas Supreme Court · 1891
- Spaids v. BarrettIllinois Supreme Court · 1870
- Vyne v. GlennMichigan Supreme Court · 1879
- Claflin v. McDonoughSupreme Court of Missouri · 1863
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3Cited by13 opinions
- Neal v. NealSupreme Court of Alabama · 2003
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- Caldwell v. Auto Sales & Supply Co.Court of Appeals of Texas · 1913
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