Craig v. Frauenthal
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District; George W. Clark, Judge; STATEMENT OF FACTS. Appellees sued appellant upon a duebill, which reads as follows: "DeValls Bluff, Ark., Nov. 27, 1918. ‘ ‘ Due Samuel' Frauenthal and J. G. Thweatt $250 for legal services rendered in the foreclosure suit of myself as treasurer of Prairie County v. Joe Skarda et al. "(Signed) Geo. Craig.”
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Appeal from Prairie Circuit Court, Northern District; George W. Clark, Judge; STATEMENT OF FACTS. Appellees sued appellant upon a duebill, which reads as follows: "DeValls Bluff, Ark., Nov. 27, 1918. ‘ ‘ Due Samuel' Frauenthal and J. G. Thweatt $250 for legal services rendered in the foreclosure suit of myself as treasurer of Prairie County v. Joe Skarda et al. "(Signed) Geo. Craig.” Appellant defends on the ground of a want of consideration, and that the due bill was procured by duress. The facts are as follows: The appellant, George Craig, was the treasurer of Prairie County, Arkansas, and…
1Opinion of the CourtHart, J.
(after stating the facts). The court was right in directing a verdict in favor of appellees. Appellant gave the duebill to appellees in compromise of a claim asserted against him. His acts in executing the duebill may have been ill advised,.but it was not duress. It is true that duress is a species of fraud; but the mere fact that Thweatt threatened to break up the settlement unless Craig paid him his attorney’s fee, which he was claiming in the foreclosure proceedings, or signed a due-bill therefor, will not avoid liability on the duebill which was executed' as a compromise agreement. The…
2Cases cited2 opinions
- Vick v. ShinnSupreme Court of Arkansas · 1886
- Odell & Kleiner v. HeinrichSupreme Court of Arkansas · 1920
3Cited by2 opinions
- Neuberger v. Preferred Acc. Ins. Co. of New YorkAlabama Court of Appeals · 1921
- Turpin v. AntonioSupreme Court of Arkansas · 1922