Aycock v. . Gill
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at tbe October Special Term, 1921, of "WayNE. This action was brought for the cancellation of a promissory note for $400, made by the plaintiff to the defendant, upon the ground of duress, and because it was given upon a promise to suppress a criminal prosecution, or to mitigate the punishment of the plaintiff’s nephew for the crime of false pretense.
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Appeal by defendant from Daniels, J., at tbe October Special Term, 1921, of "WayNE. This action was brought for the cancellation of a promissory note for $400, made by the plaintiff to the defendant, upon the ground of duress, and because it was given upon a promise to suppress a criminal prosecution, or to mitigate the punishment of the plaintiff’s nephew for the crime of false pretense. The court gave judgment for the plaintiff, upon admissions in the answer, holding that the note was not enforceable, but was “invalid, null, and void,” as against public policy, and ordered that it be…
1Opinion of the CourtWalker, J.
Tbe defendant, it is true, denied that there was any duress employed in obtaining the note in question, or that the consideration of it was against public policy, and also denied that he had done anything to stifle a criminal prosecution, and in support of this general denial, he stated what was done, which is above set forth. It will not be necessary to inquire if there was any legal duress exercised by the defendant to procure the note, as if the note is void, because the consideration of it is illegal, being against public policy, it is not enforceable whether obtained by duress or not.
The…
2Cases cited11 opinions
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