Richardson v. Duncan
Superior Court of New Hampshire
Assumpsit for $62 50, money had and received by the defendant for the use of the plaintiff. The cause came on for trial here, upon the general issue at May term 1826, when the plaintiff’s counsel stated his case to be as follows : On the 8th of April, 1825, the defendant made a complaint to a justice of the peace against the plaintiff, and his son, Joseph Richardson, charging them with tearing down and burning a house and barn ; and on the same day a warrant was issued, by…
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Assumpsit for $62 50, money had and received by the defendant for the use of the plaintiff. The cause came on for trial here, upon the general issue at May term 1826, when the plaintiff’s counsel stated his case to be as follows : On the 8th of April, 1825, the defendant made a complaint to a justice of the peace against the plaintiff, and his son, Joseph Richardson, charging them with tearing down and burning a house and barn ; and on the same day a warrant was issued, by the justice, against the said JSathan and Joseph, and was delivered to a deputy sher-riff by the defendant, who employed…
1Opinion of the CourtRiciiardsoN, C. J.
We had an impression, when this case was opened, upon the trial before the jury, that, the plaintiff being in custody by virtue of a warrant in due form of law, the contract, he made with the defendant, could not be considered as made by duress, so as to render it void ; and on this ground a nonsuit was directed. But, upon an attentive examination of the authorities cited by the plaintiff’s counsel,we are now con-*511vuiced, that our impressions were erroneous, and that Ae ea^e of Ae plaintiff ought to have been submitted ío ¡he jury
The only case, which we have found to jusijfr >■ ¡under the…
2Cited by5 opinions
- Shaw v. SpoonerSuperior Court of New Hampshire · 1838
- Wilson v. GeorgeSuperior Court of New Hampshire · 1839
- Alexander v. PierceSuperior Court of New Hampshire · 1840
- Breck v. BlanchardSuperior Court of New Hampshire · 1851
- Nealley v. GreenoughSuperior Court of New Hampshire · 1852