Thurman v. Burt

Citations

• 53 Ill. 129

Syllabus

<p>Specific performance—contract extorted by use of illegal process—judgment, wiffi a stay of execution. By an agreement between the parties to a suit, a judgment was entered therein, with a stay of execution for a certain time. Before that tim,e elapsed, the plaintiff sued out an execution upon the judgment, and placing it in the hands of the sheriff, went with him to the defendant’s place of business, threatening to make a levy and close up his store unless he settled the debt at once. The defendant, fearing such a course would prove ruinous to his business, and to avoid the threatened levy, paid a part of the debt and gave his notes with security for the balance, due at a shorter time than that fixed for the stay of execution : Held, the notes were extorted by the improper use of illegal process, and were without consideration, and a court of chancery would restrain the plaintiff in the judgment from assigning them, and'compel him to abide by the terms of his agreement, as to the stay of execution.</p>