O'Toole v. Lamson
Court of Appeals for the D.C. Circuit
Hearing oh an appeal by tbe complainants from a decree of the Supreme Court of the District of Columbia dismissing a bill in equity to enjoin the sale of real estate under a deed of trust, and to cancel the promissory note secured thereby.
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Hearing oh an appeal by tbe complainants from a decree of the Supreme Court of the District of Columbia dismissing a bill in equity to enjoin the sale of real estate under a deed of trust, and to cancel the promissory note secured thereby. The Court in the opinion stated the facts as follows: This is an appeal by the complainants below, Catherine R. O’Toole, and Illinois Surety Company, her surety, from a decree in the supreme court of the District dissolving a pendente lite injunction, dismissing complainants’ bill, and awarding damages, costs, and counsel fees. The bill was filed to…
1Opinion of the CourtJustice Kobb
Duress may be defined as a condition of mind resulting from such improper pressure that the will is overcome and an involuntary act or contract induced, — a condition of mind produced by an unlawful intimidation, and which results in the doing of an act which is not required by law. “When one is under the influence of extreme terror, or of threats, or of apprehension short of duress, his act may be avoided, for in cases of this sort he has no free will, but stands in vinculis.” 1 Story, Fq. Jur. 239. “A condition which exists where one, by the unlawful act of another, is induced to make a…
2Cases cited6 opinions
- Fisher v. . BishopNew York Court of Appeals · 1888
- Harris v. CarmodyMassachusetts Supreme Judicial Court · 1881
- Williamson v. AckermanSupreme Court of Kansas · 1908
- Lytle v. LansingSupreme Court of the United States · 1893
- Meech v. LeeMichigan Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bowen v. Mount Vernon Sav. BankCourt of Appeals for the D.C. Circuit · 1939
- Sind v. PollinDistrict of Columbia Court of Appeals · 1976
- Rizzi v. FanelliDistrict of Columbia Court of Appeals · 1949
- Williams v. AmannDistrict of Columbia Court of Appeals · 1943
- Morgan v. GilmerDistrict of Columbia Court of Appeals · 1964
1 more not listed; retrieve them via the Exa API.