McClair v. Wilson
Supreme Court of Colorado
Error to the County Court of Arapahoe County. Action upon a promissory note by Wilson Bros., payees, against Samuel McClair, maker. The answer admitted the due execution and nonpayment of the note. Defendant pleaded that the note was executed under duress; he also pleaded a counterclaim. Plaintiffs demurred to the answer; the demurrer was sustained; and, defendant electing to abide by his answer, judgment was rendered in favor of plaintiffs for the amount of the note.
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Error to the County Court of Arapahoe County. Action upon a promissory note by Wilson Bros., payees, against Samuel McClair, maker. The answer admitted the due execution and nonpayment of the note. Defendant pleaded that the note was executed under duress; he also pleaded a counterclaim. Plaintiffs demurred to the answer; the demurrer was sustained; and, defendant electing to abide by his answer, judgment was rendered in favor of plaintiffs for the amount of the note. Defendant seeks a reversal of the judgment by writ of error from this court.
1Opinion of the CourtJustice Elliott
The action of the court in sustaining the demurrer to the answer is the only matter assigned for error.
The answer consists of two defenses. In form, the first is a plea of duress; the second is called a counterclaim ; but as the gist of the two defenses is the same, they may be considered together.
Does the answer state facts sufficient to show that the execution of the note was obtained by duress? Was the note given as a voluntary act on the part of the defendant, or, was it given under compulsion occasioned by such threats as in law should be held to have destroyed defendant’s freedom of…
2Cases cited8 opinions
- Silliman v. United States. United States v. SillimanSupreme Court of the United States · 1880
- Adams v. SchifferSupreme Court of Colorado · 1887
- Scholey v. . MumfordNew York Court of Appeals · 1875
- Vyne v. GlennMichigan Supreme Court · 1879
- Peckham v. HendrenIndiana Supreme Court · 1881
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3Cited by11 opinions
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- Ott v. PaceMontana Supreme Court · 1911
- Connolly v. BouckCourt of Appeals for the Eighth Circuit · 1909
- Ford v. EnglemanSupreme Court of Virginia · 1915
- Kiler v. WohletzSupreme Court of Kansas · 1909
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