Wilbur v. Blanchard
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, 'Judge. Action by plaintiff to recover judgment for a sum paid under duress. Judgment for plaintiff and defendant appealed.
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APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Edward A. Walters, 'Judge. Action by plaintiff to recover judgment for a sum paid under duress. Judgment for plaintiff and defendant appealed. In order for the party to recover money, the threat must have been made of unlawful prosecution or unlawful exposure; the party threatened must have been innocent of the offense charged, and in addition thereto the threat must have been made wrongfully and without reason to believe the party threatened was guilty, or it must have been by abuse of process actually…
1Opinion of the CourtAilshie, J.
This action was instituted by the plaintiff lor the purpose of obtaining a judgment for $2,150, charging the defendant with the extortion of this sum from him on two several dates, the sum of $1,500 on the 26th day of November, 1908, and $650 on the 16th day of January, 1909. It was alleged that the foregoing sums were extorted from the respondent by threatening to prosecute him for the commission of the crime of larceny. It was admitted by the answer that the plaintiff had paid the defendant the sum of $2,150, but defendant denied that the payment had been procured unlawfully or unjustly.…
2Cases cited10 opinions
- Galusha v. ShermanWisconsin Supreme Court · 1900
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Hartford Fire Insurance v. Kirkpatrick, Dunn & Co.Supreme Court of Alabama · 1895
- Hilborn v. BucknamSupreme Judicial Court of Maine · 1886
- Shattuck v. WatsonSupreme Court of Arkansas · 1890
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3Cited by14 opinions
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- Clifford v. Great Falls Gas Co.Montana Supreme Court · 1923
- Cornwall v. AndersonWashington Supreme Court · 1915
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