Kennedy v. Collins
Superior Court of Delaware
Appeal by Thomas Kennedy and another from a judgment of a justice of the peace against George W. Collins. George W. Collins, the plaintiff, having obtained a judgment by confession before a justice of the peace on-an obligation with a warrant of attorney against Thomas Kennedy and Hattie Kennedy, the defendants, they subsequently filed an affidavit with the justice, denying the obligation, etc., and asked that a trial be granted as provided by Rev. Code 1915, § 4020. Trial…
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Appeal by Thomas Kennedy and another from a judgment of a justice of the peace against George W. Collins. George W. Collins, the plaintiff, having obtained a judgment by confession before a justice of the peace on-an obligation with a warrant of attorney against Thomas Kennedy and Hattie Kennedy, the defendants, they subsequently filed an affidavit with the justice, denying the obligation, etc., and asked that a trial be granted as provided by Rev. Code 1915, § 4020. Trial was had and determined in favor of the obligation. Defendants bring appeal. Directed verdict for the plaintiff. After the…
1Opinion of the Court
Pennewill, C. J.:
You can’t go into that in this actioix If the defendant had any remedy at that time, it was in chancery. To show duress in this case you would be compelled to show that there was no consideration for the execution. We sustain the objection.
Mr. Hawkins:—We have no other defense.
Mr. Magee:—I ask the court to give the jury binding instructions to find a verdict for the plaintiff.
*428Pennewill, C. J.:
Under the testimony, gentlemen of the jury, there is nothing for you to do but find a verdict for the plaintiff.
Verdict for plaintiff.
2Cited by6 opinions
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- Italo-Petroleum Corporation of America v. HanniganSupreme Court of Delaware · 1940
- Citizens National Bank v. CustisCourt of Appeals of Maryland · 1927
- Citizens Bank v. HallSupreme Court of Georgia · 1934
- Chrysler Motors Corp. v. Tom Livizos Real Estate, Inc.Court of Chancery of Delaware · 1965
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