Feller v. Green

Feller was sued on a note which he had signed as surety *71for one Smith. The defense was, that the note was procured from Smith by means of duress. The circuit judge tried the case without a jury, and we have his finding of facts, and also, several special findings of law. None of the special findings are excepted to, and the only point we can consider on the record is, whether the facts found support the judgment.

The judge finds a valuable consideration for the note, so that the plaintiff was entitled to judgment, unless the alleged duress appeared. Upon that subject he found that Smith was…