Patterson v. Gibson
Supreme Court of Georgia
Principal and surety. Bonds. Duress. Pleadings. Before Judge Simmons. Bibb superior court. April term, 1887. On April 3, 1877, Mrs. Besore sued Besore and Patterson on a bond executed April 28, 1873, in which Besore was principal and Patterson security, conditional that, whereas Mrs. Besore had filed her libel for divorce and bill quia timet against Besore, under which he had been arrested, if he should pay such amount as might from time to time he ordered by the court as…
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Principal and surety. Bonds. Duress. Pleadings. Before Judge Simmons. Bibb superior court. April term, 1887. On April 3, 1877, Mrs. Besore sued Besore and Patterson on a bond executed April 28, 1873, in which Besore was principal and Patterson security, conditional that, whereas Mrs. Besore had filed her libel for divorce and bill quia timet against Besore, under which he had been arrested, if he should pay such amount as might from time to time he ordered by the court as alimony and counsel fees to Mrs. Besore, then this bond to he void, etc. The plaintiff alleged that an order was .…
1Opinion of the Court
Boynton, Judge.
The official report of this case shows that a number of exceptions were taken to the rulings made and charge given by the trial judge. The only one we regard as necessary for this court to pass on grows out of the plea and amended plea on the question of duress. The plaintiff in error, defendant in the court below, set up, as one of his defences, that his principal was coerced into signing the bond sued on, by duress of illegal imprisonment. To this plea he offered an amendment, in which he alleged that the duress of his principal was unknown to him at the time he signed the…
2Cases cited9 opinions
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- Speake & Others v. U. StatesSupreme Court of the United States · 1815
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- Osborn v. . RobbinsNew York Court of Appeals · 1867
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