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" Duress" is defined to exist when one by the unlawful act of another is induced to make a contract or perform some act under circumstances which deprive him of the exercise of free will. "
Michigan Reports: Cases Decided in the Supreme Court of Michigan - Halaman 574
oleh Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hoyt Post, Henry Allen Chaney, Hovey K. Clarke, William Dudley Fuller, John Adams Brooks, James M. Reasoner, Marquis B. Eaton, Richard W. Cooper, Herschel Bouton Lazell - 1882
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 87

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 - 1891 - 776 halaman
...302; Meech v. Lee, 82 Id. 274 Tlieo. 0. Beaver,' for defendant, contended: l. Duress exists only where one, by the unlawful act of another, is induced to...circumstances which deprive him of the exercise of free will; citing Hackley v. Headley, 45 Mich. 574; 6 Amer. & Eng. Cyc. Law, 57. 2. To entitle the plaintiff to...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 289

Illinois. Supreme Court - 1920 - 714 halaman
...be had in the purchaser. 2. DEEDS — definition of duress. Duress is a condition which exists where one by the unlawful act of another is induced to make a contract or to perform or forego some act under circumstances which deprive him of the exercise of free wil1. 3....
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The American Law Register, Volume 22

1883 - 908 halaman
...Hackley v. Headley, 21 Am. Law Reg. (NS) 109, the Supreme Court of Michigan laid down the rule that "duress exists when one, by the unlawful act of another,...circumstances which deprive him of the exercise of free will." The court, however, in that case, though laying down what we believe to be the correct rule upon the...
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The Pacific Reporter, Volume 200

1921 - 1150 halaman
...language: "Gentlemen of the jury, you are instructed that duress Is n condition that exists where on« by the unlawful act of another is induced to make a contract or perform or foresro some act under circumstances which deprive him of the exercise of free will ; n condition...
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The Northeastern Reporter, Volume 124

1920 - 932 halaman
...condition existing where one by unlawful act of another is induced to make a contract or perform or forego some act under circumstances which deprive him of the exercise of free will, but mere annoyance or vexation will not constitute it; there must be such compulsion affecting the...
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The Southwestern Reporter, Volume 189

1917 - 1356 halaman
...entitles her to relief from the consequences of her act. [111 Duress Is where one, by the unlawful net of another, is induced to make a contract or perform...circumstances which deprive him of the exercise of his free will. It la a species of fraud, wherein compulsion takes the place of deception. While generally...
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The American and English Encyclopedia of Law, Volume 6

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1888 - 1002 halaman
...Child, 92. (*) Husband or Wife, 93. (f) Principal and Surely, 96. (d) Admissions. 99. 1. Definition. — Duress exists when one by the unlawful act of another...exercise of free will. It is commonly said to be of the person or the goods of the party. Duress of the person is either by imprisonment or by threats,...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 29

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1892 - 702 halaman
...v. Schwariz. In 6 Am. & Eng. Encyclopedia of law, 57, duress is defined thus: " Duress exists where one, by the unlawful act of another, is induced to...some act under circumstances which deprive him of his free will." The Supreme Court of Michigan, in Feller v. Green, 26 Mich. 69, have said: " To make...
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A Manual of Elementary Law: Being a Summary of the Well-settled Elementary ...

William Pinckney Fishback - 1896 - 502 halaman
...made in writing. § 201. Contracts made \>y persons under duress are not binding. Duress exists where one by the unlawful act of another is induced to make...circumstances which deprive him of the exercise of his free will. There may be duress of the person, as by threats, imprisonment, or an exhibition of...
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Wisconsin Reports, Volume 95

Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1897 - 770 halaman
...fully advised, so far as he desired, by his own friends and neighbors, he executed the papers in suit. Duress exists when one, by the unlawful act of another, is induced to make a contract, or to forego some act, under circumstances which deprive him of the exercise of his free will. 6 Am. &...
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