Robinson v. Gould
Massachusetts Supreme Judicial Court
Assumpsit upon a promissory note, dated August 24th, 1851, payable to the plaintiff on demand. The main ground of defence was duress and a want of consideration.
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Assumpsit upon a promissory note, dated August 24th, 1851, payable to the plaintiff on demand. The main ground of defence was duress and a want of consideration. At the trial in the court of common pleas, before Wells, C. J. the defendant offered evidence tending to prove that the present plaintiff having a note against one Greenough, a writ against him was given to a constable, who went to Greenough’s house to get security, or to arrest .him, and that the note in suit was given to release said Greenough from arrest until the following Tuesday. There was also some evidence tending to show…
1Opinion of the CourtBigelow, J.
The general rule of law is well established, on reasons of justice and sound policy, that contracts, in order to be valid and binding, must be the result of the free assent of the parties. Therefore duress, either of actual imprisonment or per minas, constitutes a good defence to an action on a contract in behalf of those from whom contracts have been thus extorted. Duress by menaces, which is deemed sufficient to avoid contracts, includes a threat of imprisonment, inducing a reasonable fear.of loss of liberty. 2 Rol. Ab. 124; 2 Inst. 482-3; Bac. Ab. Duress (A.); 20 Amer. Jur. 24; Chit, on…
2Cited by1 opinion
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