Bither v. Packard
Supreme Judicial Court of Maine
Action of assumpsit under a count for money had and received to recover of defendant certain sums of money paid by plaintiff to defendant. Plaintiff alleged that payments so made to said defendant were under duress and on account of illegal and unjust advantage taken by defendant of plaintiff’s condition. Defendant pleaded general issue.
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Action of assumpsit under a count for money had and received to recover of defendant certain sums of money paid by plaintiff to defendant. Plaintiff alleged that payments so made to said defendant were under duress and on account of illegal and unjust advantage taken by defendant of plaintiff’s condition. Defendant pleaded general issue. At close of testimony, by agreement of counsel, case reported to Law Court for its determination upon so much of the evidence as legally admissible. Case stated in opinion.
1Opinion of the Court
Bird J.
This is an action for money had and received by which the plaintiff seeks the recovery of money paid to the defendant, the payment of which was induced, as alleged by plaintiff, by duress, the illegal and unjust advantage taken by defendant of plaintiff’s financial needs and condition and by reason of an unconscionable contract or agreement which was void or voidable and without consideration or any adequate consideration.
At the conclusion of the evidence, the case was withdrawn from the jury and reported to the Law Court for determination upon so much of the evidence as is legally…
2Cases cited5 opinions
- Villa v. RodriguezSupreme Court of the United States · 1871
- Culbreath v. CulbreathSupreme Court of Georgia · 1849
- Moore v. MandlebaumMichigan Supreme Court · 1860
- Dorsey v. PackwoodSupreme Court of the United States · 1852
- Rau v. Von ZedlitzMassachusetts Supreme Judicial Court · 1882
3Cited by32 opinions
- In Re Prima Co.Court of Appeals for the Seventh Circuit · 1938
- Centric Corp. v. Morrison-Knudsen Co.Supreme Court of Oklahoma · 1986
- Dairy Farm Leasing Co., Inc. v. HartleySupreme Judicial Court of Maine · 1978
- Dolores v. Roberts v. Oren W. Hollandsworth, Grace Hollandsworth, and Idapine Mills, Inc., an Oregon CorporationCourt of Appeals for the Ninth Circuit · 1978
- Morrill v. Amoskeag Savings BankSupreme Court of New Hampshire · 1939
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