King v. Margolis
New Jersey Court of Chancery
1Opinion of the Court
This is a suit to compel reconveyance of property under a deed obtained by duress. Duress is that degree of constraint or danger either actually inflicted or threatened and impending which is sufficient in severity or in apprehension to overcome the mind of a person of ordinary firmness. Capossa v. Colonna, 95 N.J. Eq. 35; Doscher v. Schroder, 105 N.J. Eq. 315. In Koewing v.West Orange, 89 N.J. Law 539, it is defined to be where one by an unlawful act is constrained under circumstances which deprive him of the exercise of free will to agree or to perform the act sought to be voided.
Complainant…
2Cases cited2 opinions
- Capossa v. ColonnaNew Jersey Court of Chancery · 1923
- Doscher v. SchroderNew Jersey Court of Chancery · 1929
3Cited by1 opinion
- SP Dunham & Co. v. KudraNew Jersey Superior Court Appellate Division · 1957