State Building & L. Co. v. Baker

Citations

• 35 Ohio C.C. Dec. 271
• 25 Ohio C.C. (n.s.) 351

Syllabus

<p>BILLS AND NOTES — CRIMINAL LAW</p> <p>1. Prosecution to Collect Debt Amounts to Duress.</p> <p>When a criminal prosecution is for the purpose of collecting a debt, it is commenced for an illegal and unlawful purpose; hence, although there may be a good cause for prosecution, and although the form of proceeding and the writ be perfect and without fault, yet the law will regard such a prosecution as duress and any security obtained through it may be avoided.</p> <p>2. Arrest of Brother Duress to Sister Executing Notes.</p> <p>The arrest of a brother may amount to duress when a sister executes notes and mortgages to secure the debt of the brother and save him from criminal prosecution.</p> <p>3. Duress as Defense against Bona Fide Purchaser of Notes.</p> <p>When notes and a mortgage are obtained by duress and transferred to a bona fide purchaser for value before maturity, duress being a species of fraud, may nevertheless be set up as a defense to the mortgage.</p> <p>4. Note Given to Prevent Criminal Prosecution not Bar to Defense of Duress.</p> <p>When one gives a note or mortgage under duress, even though it be for the purpose of preventing a criminal prosecution, that fact does not prevent the giver of the note or mortgage from defending an action brought upon it upon the ground of duress.</p> <p>5. Payee .of Note Obtained by Duress Becomes on Negotiation Principal Debtor and Maker, Surety.</p> <p>When one who has obtained a note and mortgage by means of duress, transfers them to an innocent purchaser for value and before maturity, he thereby becomes the principal debtor and the maker becomes the surety.</p>