Prichard v. Sharp
Michigan Supreme Court
Appeal from Missaukee. (Fallass,J.) Bill to set aside mortgage. Complainant appeals. Contracts made-while under imprisonment are closely watched: 1 Story’s-Eq. J ur. § 239 ; Foshay v. Ferguson 5 Hill 158 ; Collins v. Westbury 2 Bay 211; duress depends as well on the state* of mind as on other facts: ITatter v. Greenlee 26 Am. Dec. 314; Broom’s Legal Maxims 277; 1 Selw.
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Appeal from Missaukee. (Fallass,J.) Bill to set aside mortgage. Complainant appeals. Contracts made-while under imprisonment are closely watched: 1 Story’s-Eq. J ur. § 239 ; Foshay v. Ferguson 5 Hill 158 ; Collins v. Westbury 2 Bay 211; duress depends as well on the state* of mind as on other facts: ITatter v. Greenlee 26 Am. Dec. 314; Broom’s Legal Maxims 277; 1 Selw. N. P. 83; even if the imprisonment is lawful, a contract influenced by it can be set aside for duress: Watkins v. Baird 6 Mass. 511; for Michigan cases see Feller v'. Green 26 Mich. 70; Pieree v. Pierce 38 Mich. 417; Vyne v.…
1Opinion of the Court
GRAVES, O. J.
The defendant hired complainant to plow a small piece of ground on his premises, and distant a few rods from his hou.se and barn. There were two or three log heaps in the field. The defendant left home in the forenoon of Tuesday, being the 18th of August, 1879, and continued absent until the 26th. Shortly after he left, and on the same day, the complainant repaired to defendant’s place to perform the plowing. He set fire to oné of the log heaps, and plowed a few furrows, and then quit and went away. When the defendant returned he found that his barn, together'with the contents,…
2Cases cited1 opinion
- Gates v. ShuttsMichigan Supreme Court · 1859
3Cited by10 opinions
- Meyer v. RosenbaumMichigan Court of Appeals · 1976
- Pedder v. KalishMichigan Court of Appeals · 1970
- McClair v. WilsonSupreme Court of Colorado · 1892
- Collins v. Searight-Downs Manfg. Co.Michigan Supreme Court · 1928
- Plamondon v. PlamondonMichigan Court of Appeals · 1998
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