Gates v. Shutts
Michigan Supreme Court
Appeal from Wayne Circuit in Chancery. The bill was filed by Myron Gates and his wife, March 29th, 1856, to set aside a note-of $825, given February 20th, 1856,"to defendant by complainant Myron, and a mortgage, made by both complainants, to secure said note. These securities the bill alleges, were given for no consideration whatever, and were obtained by fraud, duress and compulsion.
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Appeal from Wayne Circuit in Chancery. The bill was filed by Myron Gates and his wife, March 29th, 1856, to set aside a note-of $825, given February 20th, 1856,"to defendant by complainant Myron, and a mortgage, made by both complainants, to secure said note. These securities the bill alleges, were given for no consideration whatever, and were obtained by fraud, duress and compulsion. The allegations in the bill, and the proof taken, are sufficiently stated in the opinion to illustrate the questions of law involved. On the hearing in the court below, on pleadings and proofs, the bill was…
1Opinion of the Court
Manning J.:
The bill states Gates had a mill burnt in 1848, and that Shutts had a quantity of wheat in the mill at the time of the fire: That a- few days before the note and mortgage, mentioned in the bill, were executed and delivered, certain persons, among whom was Shutts, designing to *131take advantage of Gates, and deprive Mm of Ms property,. conspired in falsely charging him with having himself procured or caused Ms mill to be burnt; that they pretended they could brmg witnesses to swear- to it; and that Shutts, and those with whom he’ acted (who had like pretended claims) threatened Gates…
2Cited by10 opinions
- Hewett Grocery Co. v. Biddle Purchasing Co.Michigan Supreme Court · 1939
- Mills v. MillerNebraska Supreme Court · 1873
- Dailey v. KingMichigan Supreme Court · 1890
- Hull v. SwarthoutMichigan Supreme Court · 1874
- Prichard v. SharpMichigan Supreme Court · 1883
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