Malmquist v. McChord

Action on a promissory note. There was a verdict for the defendant. The plaintiff appeals from the order denying his alternative motion for judgment or a new trial.

The defense to the note was duress. To constitute duress there must be such constraint as substantially takes away free agency. The use of physical force or the threat of personal injury is not essential. Each case depends largely on its own facts. 2 Dunnell, Minn. Dig. (2 ed.) § 2848, and cases cited. A good discussion is found in American Nat. Bank v. Helling, 161 Minn. 504, 202 N. W. 20.

On August 24, 1927, the defendant executed…