188 Ga. 594 | Ga. | 1939
Merritt Lewis, a negró farmer, while appearing before a Quitman County grand jury, made statements that J. C. Gay, sheriff of the county, had been stealing money, and that for forty dollars he had released a defendant in a pending
Thereafter Merritt procured the services of an attorney who brought in his behalf a petition in equity against E. K. 'King and J. C. Gay, in which he charged' that there had been a conspiracy between the two defendants to extort money from him upon threats of a criminal prosecution and physical violence; and that though he had not been guilty of circulating any false or’ untrue reports concerning the defendant, he was forced, not of his own free will, to execute said notes. The petition sought cancellation of the notes, injunction against their transfer lest they might be acquired by an innocent purchaser, and recovery of reasonable attorney’s fees. It was alleged that the notes were without consideration, and were obtained under' duress consisting of the threats above mentioned. By amendment it was alleged that the notes were executed because of the threat to take all of Lewis’s property by virtue of a civil action. This allegation referred to King’s'alleged statement that he would attach Lewis’s property on account of the sheriff’s claim
Duress is considered as a species of fraud in which compulsion in some form takes the place of deception in accomplishing an injury, and, like fraud, constitutes a meritorious ground to set aside a contract executed as a result thereof. “The free assent of the parties being essential to a valid contract, duress, either of imprisonment or by threats, or other acts, by which the free will of the party is restrained and his consent induced, will render the contract voidable at the instance of the injured party. Legal imprisonment, if not used for illegal purposes, is not duress.” Code, § 20-503. “Duress consists in any illegal imprisonment, or legal imprisonment ■ used for an illegal purpose, or threats of bodily or other harm, or other means amounting to coercion or tending to coerce the will of another, and actually inducing him to do an act contrary to his free will.” § 96-209. “This definition is sufficiently comprehensive to include any conduct which overpowers the will and coerces or constrains the performance of an act which otherwise would not have been performed.” Dorsey v. Bryans, 143 Ga. 186 (84 S. E. 467, Ann. Cas. 1917A, 172). Accordingly, it has been held that threats of physical violence or masked threats of punishment may constitute such duress as will authorize a party to avoid a contract executed on account of same (Jones v. Rogers, 36 Ga. 157); and that threats of bodily harm may amount to such duress as would avoid a contract executed solely on account of same. Love v. State, 78 Ga. 66 (3 S. E. 893, 6 Am. St. R. 234). See Bond v. Kidd, 122 Ga. 812 (50 S. E. 931). The threats must be sufficient to overcome the mind and will of a person of ordinary firmness. Bond v. Kidd, 1 Ga. App. 798 (57 S. E. 944); Candler v. Byfield, 160 Ga. 732 (129 S. E. 57); Young v. Young, 188 Ga. 29 (2 S. E. 2d, 622). While it may be
While the petition stated a cause of action, a close and careful examination of the evidence discloses that there was not sufficient proof to sustain a verdict in favor of the plaintiff. There was evidence that he had made remarks to others, to the effect that the sheriff had been violating his oath and duty as a public officer, and that he had been “stealing from” the plaintiff. These were in their nature slanderous statements, and proof of them would clearly support an action for slander. See Tillman v. Willis, 61 Ga. 433. It is unquestioned in the evidence that it was freely contended by' the sheriff that the plaintiff had uttered a slanderous statement about him; and there is nothing in the evidence sufficient to constitute a denial by the plaintiff that he made the statements which were attributed to him. “It is the general rule that where parties enter into an agreement compromising and settling a claim about which there is a bona ñde dispute, they are bound by such agreement even though it thereafter appears that the contention of one of them was without foundation in law. See Tyson v. Woodruff, 108 Ga. 368 (33 S. E. 981); Prince Hall Masonic Building Association v. Howard, 36 Ga. App. 169 (136
Judgment reversed.