Schommer v. Farwell

Citations

• 56 Ill. 542

Syllabus

<p>1. Contracts —duress. A person prosecuting another upon a charge of crime, may receive from the accused private satisfaction for his private injury, and the fact that he receives this while the prisoner is in confinement, and forbears further prosecution, does not, of itself, render the transaction illegal.</p> <p>3. But even if the imprisonment he lawful, yet if the prosecutor detain the prisoner in prison unlawfully, by covin with the jailor, this is a duress which will avoid a deed.</p>