Coon v. Metzler
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Marquette county: Chesteb A. Eowlee, Circuit Judge. This is an appeal from a judgment of nonsuit. Tbe action was brought to recover money alleged to bave been paid under duress of threatened criminal prosecution. Tbe defendant claimed by bis answer that tbe money was paid to settle a claim for civil damages.
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Appeal from a judgment of tbe circuit court for Marquette county: Chesteb A. Eowlee, Circuit Judge. This is an appeal from a judgment of nonsuit. Tbe action was brought to recover money alleged to bave been paid under duress of threatened criminal prosecution. Tbe defendant claimed by bis answer that tbe money was paid to settle a claim for civil damages. Tbe evidence on tbe part of tbe plaintiff tended to show these facts: That tbe defendant at tbe time of tbe occurrences involved in tbe action was an attorney at law residing at Montello, Marquette county, and was tbe district attorney of…
1Opinion of the CourtWinslow, C. J.
The plaintiff’s evidence may not be true; it is certainly to be hoped that it is not true. It is not incredible, however, and, for the purpose of the motion for nonsuit, must be treated as true. In brief, the case made by the plaintiff is this: An innocent man, found in a somewhat compromising situation with a married woman, is repeatedly threatened by the district attorney of the county with prosecution and conviction of adultery, and under the stress of such threats gives his note for $800 to settle the matter and at once goes to a distant state, procures the money to pay the note, and…
2Cases cited5 opinions
- Galusha v. ShermanWisconsin Supreme Court · 1900
- Wolff v. BluhmWisconsin Supreme Court · 1897
- Schultz v. CulbertsonWisconsin Supreme Court · 1879
- Rochester Machine Tool Works v. WeissWisconsin Supreme Court · 1901
- Bennett v. LubyWisconsin Supreme Court · 1901
3Cited by8 opinions
- O'Neil v. StateWisconsin Supreme Court · 1926
- Hargis v. HargisCourt of Appeals of Kentucky (pre-1976) · 1933
- Meylink v. Minnehaha Co-Operative Oil Co.South Dakota Supreme Court · 1938
- Martin v. Ratliff Furniture Co.Court of Appeals of Kentucky (pre-1976) · 1954
- United States Fidelity & Guaranty Co. v. CookWyoming Supreme Court · 1931
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