McAdams v. Southern Express Co.

His Honor,

JOHN ST. PAUL,

rendered the opinion and decree of the Court, as follows:

This is an action to recover alleged over charges on express matter, paid by plaintiff to defendant under an alleged duress.

Plaintiff alleges that defendant knew that said charges were excessive, and yet persisted in exacting them; but that the nature of his (plaintiff’s) business was such that he had either to submit to said overcharges or cease doing business. This constituted the alleged duress, and for the purposes of this case we may admit it to be so.

To the petition defendant pleaded prescription.

*278It is…