 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1882 - 740 pages
...Nims, Hoyt cfe Erwim, for plaintiffs in error. Duress is that degree of constraint that is sufficient to overcome the mind and will of a person of ordinary firmness : Brown v. Pierce 7 Wai. 214 ; as a defense it must be made in good faith and seasonably : Lyon v.... | |
 | United States. Supreme Court - Law reports, digests, etc - 1869 - 802 pages
...danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court. Text-writers usually divide the subject into two classes, namely, duress per... | |
 | United States. Supreme Court - Courts - 1870 - 800 pages
...danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court. Text-writers usually divide the subject iuto two classes, namely, duress per... | |
 | Law - 1885 - 544 pages
...that degree of severity, either threatened and impending or actually inflicted, which is sufficient to overcome the mind and will of a person of ordinary firmness.' There is no threatened exercise of power from which he needed immediate relief; if sued, he could defend... | |
 | Emory Washburn - Real property - 1876 - 748 pages
...such a degree of constraint or danger, either actually inflicted or threatened and impending, as is sufficient in severity or apprehension to overcome...the mind and will of a person of ordinary firmness." 8 But a writer in the American Law Register insists that this rule is too restricted, and that each... | |
 | Jere Baxter - Law reports, digests, etc - 1879 - 690 pages
...that degree of severity, either threatened and impending, or actually inflicted, which is sufficient to overcome the mind and will of a person of ordinary firmness." This definition of duress was adopted in the case of Brown v.. Pierce, 1 Wall., 214. In the case of... | |
 | Law reports, digests, etc - 1906 - 2090 pages
...danger, either actually inflicted or threatened and impending, which is sufficient in severity or in apprehension to overcome the mind and will of a person of ordinary firmness. Decided cases may be found which deny this rule and hold that contracts procured by menace of a battery... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1880 - 914 pages
...inquiry is whether there was that degree of danger threatened and impending as would be sufficient to overcome the mind and will of a person of ordinary firmness, and not whether he was influenced by a secret and internal fear for which there was no just cause :... | |
 | United States - Land tenure - 1884 - 384 pages
...because of, must show that his fears were superinduced by danger threatened and impending, sufficient, in apprehension, to overcome the mind and will of a person of ordinary firmness. Com'r. (G.) Oct. 7, 1882. Thurman v. Simmons. Entry : 44. Where notice of intention to make proof and... | |
 | United States - 1884 - 392 pages
...because of, must show that his fears were superinduced by danger threatened and impending, sufficient, in apprehension, to overcome the mind and will of a person of ordinary firmness. Com'r. (G.) Oct. 7, 1882. Thurinan r. Simmons. Entry : 44. Where notice of intention to make proof... | |
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Duress, in its more extended sense, means that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.*... 
