Beath v. Chapoton
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit by Thomas Beath against Louis C. Chapoton and Lewis C. Watson upon a promissory note. From a judgment for defendants, plaintiff brings error. Plaintiff sued upon a promissory note for $675, made by defendant Chapoton, and indorsed by defendant Watson.
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Error to Wayne; Donovan, J. Assumpsit by Thomas Beath against Louis C. Chapoton and Lewis C. Watson upon a promissory note. From a judgment for defendants, plaintiff brings error. Plaintiff sued upon a promissory note for $675, made by defendant Chapoton, and indorsed by defendant Watson. Each defendant gave notice of special defenses: Chapoton, that his signature was obtained under duress, consisting of threats to arrest and imprison him for the crime of embezzlement; defendant Watson, that his indorsement was fraudulently obtained by representations of Chapoton that the note was for the…
1Opinion of the CourtGrant, C. J.
(after stating■ the facts). 1. Complaint is made that the court erred in instructing the jury: “If you find that the note was obtained from Chapoton upon threats of criminal prosecution, plaintiff cannot recover.” Counsel for defendants cite only one authority to support this instruction, viz.: Hackley v. Headley, 45 Mich. 574. The action in that case was upon a promissory note. The defense was duress, in that the plaintiffs took an unconscionable advantage of defendant’s financial straits, thereby compelling him to accept $2,000 less than was his due. The defense was held bad. This case was…
2Cases cited11 opinions
- Hackley v. HeadleyMichigan Supreme Court · 1881
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- Goebel v. LinnMichigan Supreme Court · 1882
- Buchanan v. SahleinMissouri Court of Appeals · 1881
- Cribbs v. SowleMichigan Supreme Court · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wilbur v. BlanchardIdaho Supreme Court · 1912
- Ingebrigt v. Seattle Taxicab & Transfer Co.Washington Supreme Court · 1914
- Barger v. FarnhamMichigan Supreme Court · 1902
- Murray Showcase & Fixture Co. v. SullivanCalifornia Court of Appeal · 1911
- Bertschinger v. CampbellWashington Supreme Court · 1917
4 more not listed; retrieve them via the Exa API.