Maynard v. DURHAM AND SOUTHERN RAILWAY COMPANY

Denny,' 'J.

The defendant concedes that probably the evidence 'offered by the plaintiff in the trial below was sufficient to take the case to the jury had the plaintiff -not signed the release set out herein, which the defendant pleaded in bar of his right to recover. Therefore, the 'question for determination is whether or not the plaintiff’s evidence in support of his allegations that the release was without consideration and wrongfully procured by means of fraud and duress, was sufficient to warrant its submission to the jury.

It was admitted in the trial below that the defendant was en…