Lichtenstein v. Wilensky
Supreme Court of Georgia
Equitable petition. Before Judge Meldrim. Chatham superior court. May 30, 1920. The exception is to a judgment sustaining a general demurrer to a petition and dismissing the action. The petition was filed January 30, 1920, by Joseph Lichtenstein against Marx Wilensky, and, so far as necessary to be stated, was as follows.
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Equitable petition. Before Judge Meldrim. Chatham superior court. May 30, 1920. The exception is to a judgment sustaining a general demurrer to a petition and dismissing the action. The petition was filed January 30, 1920, by Joseph Lichtenstein against Marx Wilensky, and, so far as necessary to be stated, was as follows. In June, 1918, plaintiff and defendant, as tenants in common, owned certain improved lots in Anson and Reynolds wards in the city of Savannah, encumbered by an outstanding security deed for $55,000. They with another person, as tenants in common, also owned an improved lot…
1Opinion of the CourtAtkinson, J.
The right to the equitable relief is founded on alleged duress. The Civil Code, § 4255, provides: " The free assent of the parties being essential to a valid contract, duress, either of *358imprisonment or by threats, or other arts, by which the free will of the party is restrained and his consent induced, will void the contract. Legal imprisonment, if not used for illegal purposes, is not duress.” It is declared in § 4116: “ Duress consists in any illegal imprisonment, or legal imprisonment used for an illegal purpose, or threats of bodily or other harm, or other means amounting to or tending to…
2Cases cited10 opinions
- Williams v. StewartSupreme Court of Georgia · 1902
- Hoke v. City of AtlantaSupreme Court of Georgia · 1899
- Bond v. KiddSupreme Court of Georgia · 1905
- Mallory v. Royston BankSupreme Court of Georgia · 1911
- Strange v. FranklinSupreme Court of Georgia · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- O'Callaghan v. Bank of EastmanSupreme Court of Georgia · 1935
- Monk v. HoldenSupreme Court of Georgia · 1938
- Keller v. LevisonSupreme Court of Georgia · 1927