Legal Opinion · Concurrence

Payson Building & Loan Soc. v. Taylor

Utah Supreme Court

Decided August 19, 1935No. 5583Published

1ConcurrenceWolfe, Justice

It is not necessary in setting up duress in the form of a threatened criminal action to set out that the threatener had recited as a basis of his threat such facts which would amount technically and legally to a crime; if, on accurate and detailed analysis, it is found that the acts he was said to have done would not themselves constitute a crime, they may nevertheless be sufficient to invest the mind of the person threatened with such fear as not to make his choice of contract a free one. The modem doctrine seems to be well stated in the case of Wilbur v. Blanchard, 22 Idaho 517, 126 P.…

2Cases cited23 opinions

  1. Galusha v. ShermanWisconsin Supreme Court · 1900
  2. Hart v. ChurchCalifornia Supreme Court · 1899
  3. Riley v. BlackerMontana Supreme Court · 1915
  4. Wood v. Kansas City Home Telephone Co.Supreme Court of Missouri · 1909
  5. Snyder v. Charleston & Southside Bridge Co.West Virginia Supreme Court · 1909

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