McClintick v. Cummins
U.S. Circuit Court for the District of Indiana
[This was an action at law by John Me-Clintick against David Cummins. It was first heard upon demurrer (Case No. 8,700), and subsequently upon defendant’s notice annexed to his plea of'general issue (Case No. 8,698). A jury was waived, and it is now heard upon the pleadings and evidence as before the court. |
1Opinion of the Court
OPINION OF THE COURT.
This suit is brought by the plaintiff as assignee of two promissory notes of seven hundred fifteen dollars and five cents each. The defendant pleaded, 1. Non assumpsit, and 2. Duress, &c. The plea of duress is founded on the following facts: J. D. Johnston was indebted to Riley & Van Amrige, of Philadelphia, in the sum of three thousand dollars, for which two notes, signed by himself and Anderson & Shipley, of Ohio, were given. Van Amrige made a charge on oath against Johnston, that he had committed larceny, by stealing a certain number of hogsheads of tobacco, which had…
2Cases cited4 opinions
- Hicks v. BrownNew York Supreme Court · 1815
- Powers v. LynchMassachusetts Supreme Judicial Court · 1807
- Collins v. SmithSupreme Court of Pennsylvania · 1841
- Doan v. SmithSupreme Court of Connecticut · 1815
3Cited by11 opinions
- United States v. Guaranty Trust Co. of New YorkSupreme Court of the United States · 1934
- Harris v. CarmodyMassachusetts Supreme Judicial Court · 1881
- Schee v. McQuilkenIndiana Supreme Court · 1877
- Osborn v. . RobbinsNew York Court of Appeals · 1867
- McCormick Harvesting Machine Co. v. HamiltonWisconsin Supreme Court · 1889
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