Sulzner v. Cappeau, Lemley & Miller Co.

Citations

• 238 Pa. 547
• 86 A. 480
• 1913 Pa. LEXIS 1007

Syllabus

<p>Contracts — Threats—Duress—Evidence.</p> <p>In an action of replevin for the recovery of a certificate of stock upon the claim that the papers transferring the certificate to the defendants had been executed by the plaintiff, a man fifty-eight years of age, under duress, binding instructions for the defendant are proper where the only evidence of duress is that the defendants threatened to arrest plaintiff’s son unless plaintiff signed the papers, and it does not appear that the plaintiff was not a man of ordinary firmness or that there was any fear of immediate imprisonment either of the plaintiff or of his son, the latter at the time being present protesting that he was not liable to arrest.</p>