Ortt v. Schwartz

Citations

• 62 Pa. Super. 70
• 1916 Pa. Super. LEXIS 356

Syllabus

<p>Promissory notes — Consideration—Duress—Threat to imprison maher’s daughter.</p> <p>The maker of a promissory note given to a corporatibn cannot be held liable on the note, where the uncontradictéd facts are that the maker owed the payee nothing, that the note was obtained by the counsel and a director of the payee through threats that a daughter of the maker, who had been in the payee’s employ, would be arrested, prosecuted and put in jail unless the father gave the note, that the father was greatly frightened and alarmed at the threats, and executed the note when he was in a highly excited and nervous condition.</p> <p>Duress is that degree of restraint or danger, either actually inflicted or threatened and impending, which is sufficient in severity or apprehension to overcome the mind of a person of ordinary firmness.</p>