Legal Opinion

Higgins v. Brown

Supreme Judicial Court of Maine

Decided June 26, 1886PublishedCited by 12 opinions

ON motion of the plaintiff to set aside the verdict. Replevin of two horses. The plaintiff claimed title to the horses by virtue of a mortgage bill of sale from the defendant. The defense was that the mortgage was procured from the defendant through duress, and the verdict was for the defendant. At the trial the defendant, being called by his counsel as a witness, testified: Ques.

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ON motion of the plaintiff to set aside the verdict. Replevin of two horses. The plaintiff claimed title to the horses by virtue of a mortgage bill of sale from the defendant. The defense was that the mortgage was procured from the defendant through duress, and the verdict was for the defendant. At the trial the defendant, being called by his counsel as a witness, testified: Ques. You may state the circumstances, so far as you remember, of your dealings with John H. Higgins in the year 1884. ■ ‘ , Ans. In that year a certain fellow told me, I was informed that John Higgins and Sidney Brown…

1Opinion of the Court

Per Curiam :

The evidence in this case is not sufficient to sustain the verdict.

*477There is not any evidence of threats, of impending clanger, or personal violence.

The threats as stated by the defendant himself amounted to nothing more than that the plaintiff was going to commence criminal proceedings.

These threats were not connected with any prosecution then pending. No warrant had been issued, or proceedings commenced. Assuming the testimony of the defendant to be true, he does not exhibit such a state of affairs as would constitute duress according to the well settled rules of law. Harmon v.…

2Cited by12 opinions

  1. Galusha v. ShermanWisconsin Supreme Court · 1900
  2. Bullard v. SmithMontana Supreme Court · 1903
  3. Sulzner v. Cappeau-Lemley & Miller Co.Supreme Court of Pennsylvania · 1912
  4. Wolff v. BluhmWisconsin Supreme Court · 1897
  5. Cribbs v. SowleMichigan Supreme Court · 1891

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