Cornwall v. Anderson

Citations

• 85 Wash. 369
• 148 P. 1
• 1915 Wash. LEXIS 1285

Syllabus

<p>Appeal and Error — Review—Questions of Fact — Findings. Upon a trial de novo on appeal, it is the duty of the supreme court to carefully examine and weigh the conflicting evidence before the trial court, and to sustain or reverse the findings in accordance with the clear preponderance of the evidence.</p> <p>Bills and Notes — Duress — Sufficiency of Evidence. Duress sufficient to coerce defendants into the execution of promissory notes is not established by evidence that defendants were men in the prime of life, of business experience and mentally competent, that the negotiations were under way for some time after plaintiffs had threatened a receivership and a criminal prosecution, and defendants never sought legal advice, and the notes were not repudiated until about due date, six and one-half months later; the controlling test being the condition of the mind of the wronged party at the time, his state of health, condition in life, experience, education and intelligence.</p> <p>Bills and Notes — Duress—What Constitutes. The obtaining of promissory notes by threats of litigation and of criminal prosecution would not constitute legal duress, where the threats were merely of prosecution at some indefinite time, and there was no restraint imminent at the time of signing the notes that could be considered as constraining the mind of an ordinary person.</p>