Buchanan v. Sahlein
Missouri Court of Appeals
Error to 1±te St. Louis Circuit Court, Lindley, J. The threat of unlawful imprisonment constitutes duress per minas. Lord Coke says the fear of imprisonment is enough. — 2 Inst. 433; Co. Lit. 253 b. And so the rule has been understood ever since that time.— Yin. Abr., tit. “Duress,” B, pi. 23; 2 Com. Dig., tit. “Pleader,’'’ W, pi. 20; Bac. Abr., tit. “Duress,” A; Chitty on Con. (ed. 1839) 168; 13 Me. 146; 17 Me. 338 ; 1 Cow.
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Error to 1±te St. Louis Circuit Court, Lindley, J. The threat of unlawful imprisonment constitutes duress per minas. Lord Coke says the fear of imprisonment is enough. — 2 Inst. 433; Co. Lit. 253 b. And so the rule has been understood ever since that time.— Yin. Abr., tit. “Duress,” B, pi. 23; 2 Com. Dig., tit. “Pleader,’'’ W, pi. 20; Bac. Abr., tit. “Duress,” A; Chitty on Con. (ed. 1839) 168; 13 Me. 146; 17 Me. 338 ; 1 Cow. Tr. 264. To constitute duress per minas, theré need only be threats of that kind of imprisonment which, if carried into execution, would result in duress of imprisonment.…
1Opinion of the CourtBakewell, J.
The petition in this case states, in substance, that defend*554ants, on October 12, 1877, conspired together for t.he purpose of injuring plaintiff and extorting money and proprety from him by false and fraudulent pretences; that they inveigled him into the back office of Gllover & Shepley, in St. Louis, and then and there locked the door, so that he could not escape, and then and there, with the intent of extorting the money from him, charged him with stealing from their store in St. Louis, and falsely stated to him that they had full proof of his crime in the employees of their store, and then…
2Cases cited6 opinions
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Town of Ligonier v. AckermanIndiana Supreme Court · 1874
- Wolfe v. MarshalSupreme Court of Missouri · 1873
- Harmon v. HarmonSupreme Judicial Court of Maine · 1873
- Eddy v. HerrinSupreme Judicial Court of Maine · 1840
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3Cited by19 opinions
- Cribbs v. SowleMichigan Supreme Court · 1891
- Niedermeyer v. Curators of the University of MissouriMissouri Court of Appeals · 1895
- Thompson v. NiggleySupreme Court of Kansas · 1894
- Bond v. KiddCourt of Appeals of Georgia · 1907
- Baldwin v. HutchisonIndiana Court of Appeals · 1893
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