Harmon v. Harmon
Supreme Judicial Court of Maine
ON EXCEPTIONS. Assumpsit to recover fifty dollars, alleged to have been paid under threats of personal injury and of criminal prosecution. The parties formerly owned a mill together, the plaintiff owning three-fourths and the defendant one-fourth. In the fall of 1869 the mill was burned, and the plaintiff collected $800.00, insured thereon ; of this sum the defendant claimed one-quarter as being upon his interest.
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ON EXCEPTIONS. Assumpsit to recover fifty dollars, alleged to have been paid under threats of personal injury and of criminal prosecution. The parties formerly owned a mill together, the plaintiff owning three-fourths and the defendant one-fourth. In the fall of 1869 the mill was burned, and the plaintiff collected $800.00, insured thereon ; of this sum the defendant claimed one-quarter as being upon his interest. The plaintiff testified that Hartson came to his house and demanded it. “ He ripped and swore very bad, damned me, and G — d d — d me. That scared me, for he is a man I haven’t…
1Opinion of the Court
DaNROktií, J.
No question is raised in this case except under the second count in the writ, which is for money paid under an alleged duress, arising from threats of a criminal prosecution and personal injury. The first instruction excepted to is that a threat of prosecution does not constitute duress. In this we see no error. Bacon, in his Abridgment, Vol. 2, p. 156, referring to Lord Coke, says: “ That for menaces, in four instances, a man may avoid his own act. 1. For fear of loss of life; 2. Of loss of member; 8. Of mayhem ; 4. Of imprisonment.” A prosecution cannot come under either of the…
2Cases cited1 opinion
- Taylor v. JaquesMassachusetts Supreme Judicial Court · 1871
3Cited by12 opinions
- Galusha v. ShermanWisconsin Supreme Court · 1900
- Sulzner v. Cappeau-Lemley & Miller Co.Supreme Court of Pennsylvania · 1912
- Wolff v. BluhmWisconsin Supreme Court · 1897
- Buchanan v. SahleinMissouri Court of Appeals · 1881
- Bond v. KiddCourt of Appeals of Georgia · 1907
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