Molony v. Matthews

Opinion by

Henderson, J.,

The action was on a promissory note. Judgment was entered in the court below for want of a sufficient affidavit of defense. The execution of the obligation was admitted. It was alleged, however, that the defendant’s signature was obtained in circumstances of duress and that the contract was, therefore, void. The question for consideration is whether the averments of the ¡affidavit of defense make it appear that the appellant was subjected to such coercion as relieved him from liability. The defendant had been a tenant of the plaintiff for a year at a rental of eighty…