Legal Opinion

Cass County Bank v. Bricker

Nebraska Supreme Court

Decided May 18, 1892PublishedCited by 8 opinions

Error to the district court for Howard county. Tried Sbelow before Tiffany, J. The defense of duress cannot be set up by a stranger or surety. Before such defense will prevail, there must have been some consideration exacted for a corrupt agreement to ¡not prosecute a felony. (Oak v. Dustin, 3 New Eng. Rep. £Me.], 614; Am. Crim.

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Error to the district court for Howard county. Tried Sbelow before Tiffany, J. The defense of duress cannot be set up by a stranger or surety. Before such defense will prevail, there must have been some consideration exacted for a corrupt agreement to ¡not prosecute a felony. (Oak v. Dustin, 3 New Eng. Rep. £Me.], 614; Am. Crim. Law, sec. 10; Bishop, Contracts, 494, 720; Heaps v. Dunham, 95 111., 588; Taylor v. Cottrell, 16 Id., 93). As to the defense of duress: Hilborn v. Buclcnam, 3 New Eng. Rep. [Me.], 267; Oak v. Dustin, Id., 614; Taylor v. Cottrell, 16 111., 93; Bothwell v. Brown, SI…

1Opinion of the Court

Maxwell, Ch. J.

This action was brought on a promissory note as follows :

“$344. Plattsmouth, Neb., July 7, 1883.
“One day after date we jointly and severally promise to' pay to the order of the Bank of Cass County three hundred and forty-four dollars, value received, with interest at ten per cent per annum from maturity until paid. Negotiable and payable at the Bank of Cass County.
“William R. Shaw.
“Adam Bbicker.
“W. R. Anthony.”

Bricker alone answered the petition, in which he evidently sought to allege the compounding of a felony. In the briefs, however, the defense is claimed to be duress— that…

2Cases cited5 opinions

  1. Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1868
  2. Johnston v. AllenSupreme Court of Florida · 1886
  3. Barrett v. . WeberNew York Court of Appeals · 1890
  4. Mundy v. WhittemoreNebraska Supreme Court · 1884
  5. Malli v. WillettSupreme Court of Iowa · 1882

3Cited by8 opinions

  1. Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
  2. Fidelity & Deposit Co. of Maryland v. Grand Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1934
  3. Schirm v. WiemanCourt of Appeals of Maryland · 1906
  4. Portland Cattle Loan Co. v. FeatherlyMontana Supreme Court · 1925
  5. Murray Showcase & Fixture Co. v. SullivanCalifornia Court of Appeal · 1911

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