Farmer v. Walter
New York Court of Chancery
The bill showed that the complainant, Richard H. Farmer, late of the island of Antigua-, being on a visit with his family at Philadelphia, was unexpectedly arrested at the suit of the defendant, Jacob D. Walter and others, executors of John J. Walter deceased, and at the immediate instigation of the said Jacob D. Walter formerly of Antigua but at New York at the time the bill was filed and in Philadelphia when the arrest took place.
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The bill showed that the complainant, Richard H. Farmer, late of the island of Antigua-, being on a visit with his family at Philadelphia, was unexpectedly arrested at the suit of the defendant, Jacob D. Walter and others, executors of John J. Walter deceased, and at the immediate instigation of the said Jacob D. Walter formerly of Antigua but at New York at the time the bill was filed and in Philadelphia when the arrest took place. That he, the cor@plainant, was so held to bail in the sum of twenty thousand dollars, and being a stranger and without friends, he was thrown into the debtor’s…
1Opinion of the Court
The Vice-Chancellor:
This is a general demurrer, for want of equity, to the discovery and relief sought by the bill.
When a person is illegally imprisoned or restrained in his liberty and he enters into an obligation or gives a note to the party causing the restraint, the same is voidable at law for duress: Thompson v. Lockwood, 15 J. R. 259; and a court of equity will also relieve on the ground of fraud and extortion: Dyer v. Tymewell, 2 Vern. 122. So, if a man is arrested by due process of law and a wrong use is made of the arrest, such as requiring him to do an act foreign to the purpose for…
2Cited by7 opinions
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Atkinson v. AllenCourt of Appeals for the Eighth Circuit · 1895
- Morton v. MorrisCourt of Appeals for the Eighth Circuit · 1896
- Bianchi v. LeonAppellate Division of the Supreme Court of the State of New York · 1910
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