Taylor v. Jaques
Massachusetts Supreme Judicial Court
Contract against Silas H. Jaques and Asa D. Clark, on a promissory note for $500, made by Jaques, payable to the order of Clark, and by him indorsed to the plaintiffs. Jaques, in his answer, denied the making of the note, and alleged that, if he did sign the note, his signature was procured by fraud, duress and threats of imprisonment, and further that it was procured under an agreement to suppress a criminal prosecution against him.
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Contract against Silas H. Jaques and Asa D. Clark, on a promissory note for $500, made by Jaques, payable to the order of Clark, and by him indorsed to the plaintiffs. Jaques, in his answer, denied the making of the note, and alleged that, if he did sign the note, his signature was procured by fraud, duress and threats of imprisonment, and further that it was procured under an agreement to suppress a criminal prosecution against him. Clark, in his answer, denied that he indorsed the note, and alleged that, if he did indorse it, his signature was procured by duress exercised upon him and…
1Opinion of the CourtAmes, J.
The answer insists upon two grounds of defence; first, that the note was obtained from the defendant Jaques by duress and threats of unlawful imprisonment; second, that it was given upon an agreement to suppress a criminal prosecution, and is therefore illegal and void.
The case finds that there was an unsettled account between Jaques and the plaintiffs, and that he insisted that, if any balance was due to them, it was much less than they claimed. They on their part not only insisted that he was in debt to them in the Bum of $700, but that he had been guilty of the crime of embezzlement. They…
2Cases cited1 opinion
- Hutchins v. ShawMassachusetts Supreme Judicial Court · 1850
3Cited by36 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Eastman Marble Co. v. Vermont Marble Co.Massachusetts Supreme Judicial Court · 1920
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
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