Guetzkow Bros. v. Breese
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county; D. H. JOHNSON, Circuit Judge. This is an action to recover $506.74, alleged to have been extorted from plaintiff corporation by the defendants by duress of goods. The action was tried by the court.
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Appeal from a judgment of the circuit court for Milwaukee county; D. H. JOHNSON, Circuit Judge. This is an action to recover $506.74, alleged to have been extorted from plaintiff corporation by the defendants by duress of goods. The action was tried by the court. There were many facts which are not disputed, and these facts may be brieffy stated as follows: In April, 1892, the firm of Grant, Breese & Co. owned certain lots in the city of Milwaukee, on which they constructed at about that time a large factory building and a smaller building for a machine shop and boiler house. These buildings…
1Opinion of the CourtWiNsnow, J.
We entertain no doubt that under the facts .found by the circuit court there was. a case of duress of *598goods. The case was this: The plaintiff could not obtain the insurance money due it unless the defendants joined in executing the proofs of loss and in indorsing the drafts. The defendants refused to do these things unless the plaintiff would pay them $666.74, which it did not owe. The plaintiff was in a position where it must obtain its insurance money at once in order to go on with its business and fulfill valuable outstanding contracts, or it would suffer great loss. Under these…
2Cases cited4 opinions
- Scholey v. . MumfordNew York Court of Appeals · 1875
- Vyne v. GlennMichigan Supreme Court · 1879
- Cobb v. CharterSupreme Court of Connecticut · 1865
- Corkle v. MaxwellU.S. Circuit Court for the District of Southern New York · 1856
3Cited by14 opinions
- Dale v. SimonTexas Commission of Appeals · 1924
- First National Bank v. SargeantNebraska Supreme Court · 1902
- American Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1905
- Manning v. PolingSupreme Court of Iowa · 1900
- Cadwell v. HigginbothamNew Mexico Supreme Court · 1915
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