Fillman v. Ryon

Citations

• 168 Pa. 484
• 32 A. 89
• 1895 Pa. LEXIS 828

Syllabus

<p>Trespass— Conspiracy — Extortion—Amendment—Statute of limitations.</p> <p>Where an action is brought against more than one for a wrong done, a combination or joint act of all must be proved in order to recover against all; but if it turns out on the trial that one only was concerned, the plaintiff may recover as if such one had been sued alone, and in such ease the conspiracy is nothing as to sustaining the action, the foundation, being the actual damage done to the plaintiff.</p> <p>Conspiracy to extort money — Arrest—Amendment.</p> <p>Defendant and two other persons were sued as co-conspirators in an executed scheme to extort money from plaintiff by means of his arrest and detention on the charge of embezzlement. More than six years after the cause of action arose, the declaration was amended so as to remove therefrom the element of conspiracy, and the case was so proceeded in that it resulted in a judgment against one of the defendants for the money alleged to have been extorted, and in a judgment in favor of the other codefendants. Held, that the amendment did not prejudice the defendant against whom judgment was recovered, as the essence of the complaint in the declaration was the extortion, and the amendment was not necessory to authorize or sustain the judgment.</p> <p>Duress — Imprisonment—Extortion.</p> <p>To constitute duress by imprisonment the latter must be unlawful, or there must be an abuse of, or an oppression under, lawful process or legal detention. If there is an arrest for a just cause, but for an unlawful purpose, the party arrested, if he is thereby induced to part with his money, may recover it back in an action of trespass as having been procured from him by duress.</p>