Watkins v. Baird
Massachusetts Supreme Judicial Court
This action was indebitatus assumpsit for money had and received. The defendant pleaded, 1. The general issue, which was joined. 2. A deed of release of this action, and of all demands. [*507 ] *To the second plea, the plaintiff replied duress of inprisonment, which is set forth specially, that the defendant caused the plaintiff to be arrested on a false, feigned, and groundless suit, whereby he was committed to jail; that, being so in prison, the defendant fraudulently…
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This action was indebitatus assumpsit for money had and received. The defendant pleaded, 1. The general issue, which was joined. 2. A deed of release of this action, and of all demands. [*507 ] *To the second plea, the plaintiff replied duress of inprisonment, which is set forth specially, that the defendant caused the plaintiff to be arrested on a false, feigned, and groundless suit, whereby he was committed to jail; that, being so in prison, the defendant fraudulently proposed a compromise, that the plaintiff should make a release, as set forth in the defendant’s plea, and that the defen…
1Opinion of the CourtParsons, C. J.
[After a brief recital of the pleadings, and of the judge’s report.]
It is a general rule, that imprisonment by order of law is not duress : but to constitute duress by imprisonment, either the imprisonment, or the duress after, must be tortious and unlawful. (2) If, therefore, a man, supposing that he has cause of action against another, by lawful process cause him to be arrested and imprisoned, and the defendant voluntarily execute a deed for his deliverance, he cannot avoid such deed by duress of imprisonment, although, in fact, the plaintiff had no cause of action. (3) And although the…
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