Diller v. Johnson

Citations

• 37 Tex. 47

Syllabus

<p>To a suit on a writing obligatory, executed in May, 1867, defendant pleaded that the instrument was executed by him under duress of imprisonment, imposed by a United States military officer at the instance of the plaintiff. Held, that the plea was subject to general exception for insufficiency, because it failed to allege the act of the officer was illegal, and that he had no authority to arrest and imprison the defendant. Held further, that to constitute the imprisonment a defense to the suit, the defendant must show that it forced him into a contract under which he has suffered, or is about to suffer, some wrong or injury; and if the plaintiff shall show that the contract was an equitable one, and one which the defendant is bound to comply with, having derived benefits from it, then the imprisonment cannot be held a defense to the action.</p>