Legal Opinion

Russell v. McCarty

Supreme Court of Georgia

Decided January 15, 1872PublishedCited by 9 opinions

Contracts. Duress. Before Judge Harvey. Whitfield Superior Court. October Term, 1871. The facts of this cause are sufficiently full in the opinion of the Court, delivered from the bench.

1Opinion of the Court

Warner, Chief Justice.

This was an action brought by the plaintiff against the defendants on a promissory note for $113, payable to the plaintiff. The defendants alleged in their plea that the note was executed under duress. On the trial the jury found a verdict for the defendants. A motion was made for a new trial on several grounds specified in the record, which was overruled by the Court, and the plaintiff excepted. The evidence shows that in the fall of 1864 McCarty, the principal maker of the note, was in the Confederate service in Tennessee, that he was one of a squad of ten men who were…

2Cited by9 opinions

  1. Tidwell v. CritzSupreme Court of Georgia · 1981
  2. Young v. YoungSupreme Court of Georgia · 1939
  3. Sulzner v. Cappeau-Lemley & Miller Co.Supreme Court of Pennsylvania · 1912
  4. Bond v. KiddSupreme Court of Georgia · 1905
  5. Bond v. KiddCourt of Appeals of Georgia · 1907

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