Mills v. Swords Lumber Co.
Supreme Court of Connecticut
Suit to set aside a note and mortgage claimed to have been obtained of the plaintiff by duress of threats; brought to the Superior Court in Fairfield County. The defendant demurred to the complaint, which demurrer the court overruled. The case was then heard on its merits before J. M. Hall, J. Facts found and decree passed setting aside the note and mortgage, and appeal to this court by the defendant.
Read the full summary
Suit to set aside a note and mortgage claimed to have been obtained of the plaintiff by duress of threats; brought to the Superior Court in Fairfield County. The defendant demurred to the complaint, which demurrer the court overruled. The case was then heard on its merits before J. M. Hall, J. Facts found and decree passed setting aside the note and mortgage, and appeal to this court by the defendant. The case is stated in the opinion. 1. While it is v?ell settled that “ fear of unlawful imprisonment ” is ground for avoiding one’s acts, where performed under a threat of immediate execution,…
1Opinion of the CourtAndrews, C. J.
Two errors are urged against the judgment in this case; one, that the demurrer to the complaint was overruled ; the other that certain evidence was improperly admitted.
It is insisted that the facts averred in the complaint do not constitute “ duress of threats,” and therefore that the complaint fails to state a cause of action. It is unnecessary to discuss what constitutes duress of threats. If the complaint contains the averment of acts or facts which being proved would entitle the plaintiff to the relief prayed for, then it is sufficient, and the demurrer was properly overruled.
It is well…
2Cases cited3 opinions
- Town of Sharon v. GagerSupreme Court of Connecticut · 1878
- Town of New-Milford v. Town of ShermanSupreme Court of Connecticut · 1851
- Rau v. Von ZedlitzMassachusetts Supreme Judicial Court · 1882
3Cited by5 opinions
- International Brotherhood of Teamsters of America v. ShapiroSupreme Court of Connecticut · 1951
- McCarthy v. TaniskaSupreme Court of Connecticut · 1911
- Dunham v. CoxSupreme Court of Connecticut · 1908
- Van Guilder v. Van GuilderSupreme Court of Connecticut · 1923
- TKO, Inc. v. GentleMassachusetts Superior Court · 1997