Mineral Railroad & Mining Co. v. Flaherty
Superior Court of Pennsylvania
Appeal, No. 96, Oct. T., 1903, by defendant, from judgment of C. P. Northumberland Co., May Term, 1900, No. 138, on verdict for plaintiff in case of Mineral Railroad and Mining Company v. Michael Flaherty. Assumpsit for rent. The opinion of the Superior Court states the case. From the record it appeared that the case was originally brought in the name of Mineral Railroad and Mining Company, lessee of Manor Real Estate and Trust Company.
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Appeal, No. 96, Oct. T., 1903, by defendant, from judgment of C. P. Northumberland Co., May Term, 1900, No. 138, on verdict for plaintiff in case of Mineral Railroad and Mining Company v. Michael Flaherty. Assumpsit for rent. The opinion of the Superior Court states the case. From the record it appeared that the case was originally brought in the name of Mineral Railroad and Mining Company, lessee of Manor Real Estate and Trust Company. After the evidence was concluded at the trial the court permitted an amendment striking out the words “ Lessee of Manor Real Estate and Trust Company.” [1]…
1Opinion of the Court
Opinion by
Henderson, J.,
The evidence offered in the trial of the case shows clearly that the defendant paid rent from year to year for eighteen or nineteen years, and there is no contradiction in the testimony on this point. The defendant contends, however, that the case should have been submitted to the jury on evidence introduced tending to show duress of .the defendant in the payment of rent, by reason of which he is relieved from the presumption arising from such payment. The duress alleged is duress per minas. There can be no doubt that a contract executed by a party subjected to such…
2Cases cited3 opinions
- Fulton v. HoodSupreme Court of Pennsylvania · 1859
- Newell v. GibbsSupreme Court of Pennsylvania · 1841
- Miller v. MillerSupreme Court of Pennsylvania · 1871
3Cited by2 opinions
- Warner Bros. Theatres, Inc. v. ProffittSupreme Court of Pennsylvania · 1938
- Rizzio v. Passalacqua, Pennsylvania Court of Common Pleas, Philadelphia County1948