Taylor v. Cottrell
Illinois Supreme Court
This cause was tried by Underwood, Judge, without the intervention of a jury, at September term, 1853, of the Madison Circuit Court. Verdict and judgment for the defendants. Plaintiff below brought the cause to this court.
1Opinion of the CourtScales, J.
Assumpsit upon a note for $176.50, against Cottrell and Marcum. Under the general issue, the defendants set up, as a defense, that the note was obtained by duress of Cottrell, and the court found for defendants, accordingly.
We are of opinion that the facts do not warrant the finding, and will briefly allude to the testimony in support of the judgment of reversal.
Cottrell sold a wood boat, called the Star Boat, lying in the St. Louis harbor, to A. Polly, and afterwards, without disclosing the sale to Polly, again sold the boat to Taylor, for $156.50, its full value, and executed a bill of sale…
2Cases cited3 opinions
- Watkins v. BairdMassachusetts Supreme Judicial Court · 1810
- Thompson v. LockwoodNew York Supreme Court · 1818
- McClintick v. CumminsU.S. Circuit Court for the District of Indiana · 1843
3Cited by8 opinions
- Heaps v. DunhamIllinois Supreme Court · 1880
- Short v. ShortAppellate Court of Illinois · 1932
- Schommer v. FarwellIllinois Supreme Court · 1869
- Taylor v. BlakeSupreme Court of Minnesota · 1866
- Thurman v. BurtIllinois Supreme Court · 1870
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