Flaherty v. Industrial Trust Co.

The Chancellor:

Of the alleged defenses which the complainant contends she has to her liability as an admitted *405endorser of the note, only one supplies a basis for equitable relief. That one is, that her endorsement was secured by fraud, duress, force and fear. What is meant by the allegation that the endorsement was secured through misunderstanding on the part of the complainant, as distinguished from the fraud, etc., just mentioned, is left in obscurity both by the bill and the evidence.

Now there can be no doubt of this—that the law courts will recognize as a defense to the action and allow…