Blalock v. Barrett
Court of Appeals of Georgia
Certiorari; from Fulton superior court — Judge Pendleton. October 3, 1921. Barrett sued Blalock in the municipal court of Atlanta upon a series of promissory notes.
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Certiorari; from Fulton superior court — Judge Pendleton. October 3, 1921. Barrett sued Blalock in the municipal court of Atlanta upon a series of promissory notes. Blalock in his plea admitted the execution of the notes, but set up the following three defenses to the suit: (1) that he executed the notes under duress; (2) that “the said notes are without consideration of any sort whatsoever to this defendant; ” and (3) that if the notes had any consideration it was an illegal one based upon the sale of cotton futures. Upon oral motion of the plaintiff the entire plea was stricken, and a…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts). It is well-settled that where duress is pleaded as a defense to an action on a contract, facts sufficient to show duress in law must be set forth in the polea, and that mere empty threats do not amount to duress. Bond v. Kidd, 1 Ga. App. 801 (57 S. E. 944); Bond v. Kidd, 122 Ga. 812 (50 S. E. 934); Carswell v. Hartridge, 55 Ga. 412. The threat must be sufficient in severity to cause such apprehension as to overcome the mind and will of a person of ordinary firmness. United States v. Huckabee, 16 Wallace, 414 (21 L. ed. 457). And it must appear that the…
2Cases cited6 opinions
- Hudson v. HudsonSupreme Court of Georgia · 1904
- Carswell v. HartidgeSupreme Court of Georgia · 1875
- Bond v. KiddSupreme Court of Georgia · 1905
- Bond v. KiddCourt of Appeals of Georgia · 1907
- Wilkerson v. HoodMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- King v. LewisSupreme Court of Georgia · 1939
- Williams v. RubenSupreme Court of Georgia · 1960
- Atlanta Life Insurance v. MasonCourt of Appeals of Georgia · 1953
- Andrews v. StantonCourt of Appeals of Georgia · 1967