Legal Opinion

Thorn v. Pinkham

Supreme Judicial Court of Maine

Decided December 11, 1891PublishedCited by 11 opinions

On motion and exceptions. The case which came from the Superior Court, for Kennebec County, on plaintiff’s motion and exceptions, is sufficiently stated in the opinion.

1Opinion of the CourtHaskell, J.

Assumpsit on a promissory note for three hundred and seventy dollars, payable in twelve, months, given by one Frank L. Pinkham for moneys of the plaintiff that he had embezzled, and signed by the defendants, his father and a relative, as sureties. The verdict was for defendants, and the case comes up on motion and exceptions.

I. It is contended that the note was obtained by duress, and that the consideration was illegal. Suppose the embezzler had been plainly told that, unless he paid or secured the amount that he had stolen, he would be prosecuted for the theft, and thereupon gave the note.…

2Cases cited1 opinion

  1. Hedger v. RennakerCourt of Appeals of Kentucky · 1860

3Cited by11 opinions

  1. Galusha v. ShermanWisconsin Supreme Court · 1900
  2. State Ex Rel. McClure v. NorthropSupreme Court of Connecticut · 1919
  3. Ramsey v. WahlTexas Commission of Appeals · 1921
  4. Wilbur v. BlanchardIdaho Supreme Court · 1912
  5. Bingham v. MearsNorth Dakota Supreme Court · 1894

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