Eddy v. Herrin
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, March Term, 1839, Redington J. presiding. The action was originally commenced before a Justice of the Peace upon a note from the defendants to the plaintiff, dated Jan. 19, 1833, for thirteen dollars, payable in six months. After the action had been entered by appeal, in the Court of Common Pleas, it was referred by rule of that Court to referees, to be decided upon legal principles.
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Exceptions from the Court of Common Pleas, March Term, 1839, Redington J. presiding. The action was originally commenced before a Justice of the Peace upon a note from the defendants to the plaintiff, dated Jan. 19, 1833, for thirteen dollars, payable in six months. After the action had been entered by appeal, in the Court of Common Pleas, it was referred by rule of that Court to referees, to be decided upon legal principles. In March, 1839, the referees heard the parties, and made a special report, stating the facts proved, and concluding, that if upon the facts duress upon Herrin was shown,…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
The plaintiff having a claim upon the principal defendant, for an injury cfeoe to his person, the parties agreed to refer the matter to the arbitration of others, upon whose award, subsequently partially modified by mutual consent, the note in question was given. This constituted a sufficient consideration ; and the plaintiff is entitled to recover, unless the defence of duress, set up by the defendants, has been sustained. The burden of proof is upon them.
The plaintiff had made a complaint against the principal defendant, and had procured a warrant…
2Cited by8 opinions
- Whittaker v. Southwest Va. Improvement Co.West Virginia Supreme Court · 1890
- Buchanan v. SahleinMissouri Court of Appeals · 1881
- Bush v. BrownIndiana Supreme Court · 1874
- Burton v. McMillanSupreme Court of Florida · 1906
- Sanford v. SornborgerNebraska Supreme Court · 1889
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