Colclough v. Bank of Penfield

1. If the fears or affections of a father for his son are wrought upon by threats of a criminal prosecution of the son, and the father is thereby induced and coerced, against his will, to execute his promissory note and a security deed to land in order to prevent such threatened prosecution, there is duress as to the father, even though the threatened prosecution be for a crime which has been committed by the son; and such instruments are void, and may be cancelled in a proper proceeding at the instance of the maker. In such a ease the rule does not apply that if parties voluntarily enter…