International Harvester Co. v. Voboril

Citations

• 187 F. 973
• 110 C.C.A. 311
• 1911 U.S. App. LEXIS 4269

Syllabus

<p>1. Contracts (§ 95*) — Validity of Assent — Duress.</p> <p>Duress, which will avoid a contract, may be caused by threats of a criminal prosecution of a husband, wife, child, or other near relative of the person whose action is thereby controlled, though no crime has been in fact committed or prosecution begun, if the contracting party has been so put in fear as to be deprived of the tree wili power essential to contractual capacity.</p> <p>LEd. Note. — For other cases, see Contracts, Cent. Dig. §§ 431-440; Dec. Dig. § 95.*]</p> <p>2. Contracts (§ 95*) — Validity of Assent — Evidence of Duress.</p> <p>In determining the question of duress which will avoid a contract, sex, age, state of health, family conditions, etc., may be considered, with the other circumstances.</p> <p>[Ed. Note. — For other cases, see Contracts, Cent. Dig. §§ 431-440; Dec. Dig. I 95.*]</p> <p>3. Evidence (§ 220*) — Witnesses (§ 275*) — Cross-Examination—Conduct Inconsistent with Testimony.</p> <p>Where a defendant, sued on promissory notes which she had signed as guarantor for her husband, testilied to facts tending to establish the defense that she signed under duress, questions intended to show that when the notes were presented at maturity defendant made no claim of duress, hut sought to obtain further time, were proper as cross-examination, and tended to elicit competent evidence.</p> <p>[Ed. Note. — For other cases, sec Evidence. Cent. Dig. §§ 771-785; Dec. Dig. § 220 ;* Witnesses, Cent. Dig. §§ 924, 926, 967-075; Dec. Dig. § 275.*]</p>