Davis v. Mississippi Central Railroad
Mississippi Supreme Court
Error to the circuit court of Marshall county. Dayis, J. Submit that the first verdict in this cause, which is for the plaintiff in error, must stand, and that the court below erred in setting it aside. The question upon which the verdict of the jury was found was simply a question of fact, all the law involved in the case was fully explained in the charges given by the court below.
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Error to the circuit court of Marshall county. Dayis, J. Submit that the first verdict in this cause, which is for the plaintiff in error, must stand, and that the court below erred in setting it aside. The question upon which the verdict of the jury was found was simply a question of fact, all the law involved in the case was fully explained in the charges given by the court below. The question which the jury had to determine was, whether in receiving the money plaintiff in error acted under duress or not. “ Every contract,” says Bacon, “must be the act of the understanding, which they are…
1Opinion of the Court
Tarbell, J. :
The plaintiff in error holding the note of defendants in error and having also against them an open account, received payment thereof in October, 1862, in Confederate money. In 1868 Davis sued -the company to recover the amount of the note and account. Upon the trial the question was, whether the facts and circumstances attending the said payment constituted a duress of Davis, by which such payment was void or voidable ; and, conceding that Davis accepted such payment against his will and because of duress, whether he had not, nevertheless, subsequently ratified it. There were…
2Cases cited9 opinions
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- Brown v. PierceSupreme Court of the United States · 1869
- Watkins v. BairdMassachusetts Supreme Judicial Court · 1810
- Thompson v. LockwoodNew York Supreme Court · 1818
- Strong v. GrannisNew York Supreme Court · 1857
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3Cited by1 opinion
- Rodgers v. BassTexas Supreme Court · 1877