41 App. D.C. 276 | D.C. Cir. | 1914
delivered the opinion of the Court:
Duress may be defined as a condition of mind resulting from such improper pressure that the will is overcome and an involuntary act or contract induced, — a condition of mind produced by an unlawful intimidation, and which results in the doing of an act which is not required by law. “When one is under the influence of extreme terror, or of threats, or of apprehension short of duress, his act may be avoided, for in cases of this sort he has no free will, but stands in vinculis.” 1 Story, Fq. Jur. 239. “A condition which exists where one, by the unlawful act of another, is induced to make a contract, or perform or forego some act, under circumstances which deprive him of the exercise of free will.” 14 Cye. 1123. And the rule is well settled that either a husband or wife may avoid a contract if it was made to relieve the other from duress. Shep. Touch. 61; Robinson v. Gould, 11 Cush. 55. And this rule has been extended to the relation of parent and child. Thus in
A brief analysis of the evidence in the present case bearing upon the question of duress will suffice. According to the admissions of the defendants Messrs. Anderson and Murray, and of Mr. Boyd, who accompanied them upon the occasion of their interview with Mrs. O’Toole which resulted in the giving of the first note by her, the situation had been carefully reviewed by the three men prior to the interview, and the conclusion reached that young O’Toole had not acted in good faith toward his partners; that he had deposited with the Eider-Lewis Company $1,500, when he should have deposited $3,000. The papers tending to prove this alleged delinquency on his'part were given Boyd, admittedly for the purpose of showing them to Mrs. O’Toole. That other papers were placed in Boyd’s hands for
The conclusion is irresistible, from the evidence before us, that these three men, when they sought this interview with this mother, intended to convey to her, and did in fact convey to her, the impression that her son, who was then hundreds of miles away, had been guilty of such serious “irregularities” as would place him in jeopardy, and that they were prepared to take steps against him unless his “irregularities” should be made good immediately. They of course knew that she was ignorant of the law, ignorant of the rights of one partner as against another, but, like all mothers, imbued with a love for her son and a consuming desire to protect him at any cost-The precise words or terms employed, therefore, are of little importance. The question is, What impression did they intend to convey and what impression was conveyed to her mind ? Under the evidence, can it be doubted for a moment that the
Something was said during the hearing at bar to the effect that, even conceding that the signing of the first note was occasioned hv duress, the note and mortgage in suit were voluntarily executed. This contention is obviously untenable. Conditions had not changed on the next day, when the signature of Airs. O’Toole was obtained to these instruments. As Justice Story says: “If the party is still acting under the pressure
The question whether the defendant Faris is a holder in due course must now be determined. We have ruled that this note was obtained through duress, hence the burden was on Mr. Earis “to prove that he or some person under whom he claims .acquired the title as a holder in due course.” D. C. Code sec. 1363 [31 Stat. at L. 1402, chap. 854] ; Lytle v. Lansing, 147 U. S. 59, 62, 37 L. ed. 78, 79, 13 Sup. Ct. Rep. 254. In other-words, the burden was on Mr. Earis to prove that he took the note in good faith, for value, and without notice of any infirmity in the instrument. D. C. Code, sec. 1356.
It will be remembered that Mr. Anderson, who interested the note.broker, Mr. Lamson, in this note, testified that he was .“running' the office for Mr. Lamson at the time, — at least the company was;” that he, Anderson, made arrangements' with Lamson to negotiate the note. The relations of Mr. Lamsou and .Mr. Anderson, therefore, were such that any information possessed by Anderson concerning- the circumstances surrounding the execution of this note would naturally have been imparted to Lamson. Mr. Faris had already purchased several notes through Mr. Lamson, and it is apparent from their testimony that they were well acquainted. That they deemed it necessary to interview Mrs. O’Toole is clear. Mr. Earis states that Mrs. O’Toole during that interview said she had given the note “to assist the company in its business;” that he,-. Earis, “wanted to know in regard to this business transaction between her and this company, whether it was satisfactory to her, and if the note was all right. She said it was; and it was on this occasion that she told me that her son was away from home.” Lamson, according to his testimony, merely asked her if her signature was genuine “and if it (the note) was all right.” Mr.
There was neither ratification nor laches on the part of complainant. The $1,500 payment was made before the return of young O’Toole and while the conditions inducing her to execute the note remained unchanged, that is, while she was still acting under the original duress. No other payment on this note was made by her, and, at or before its maturity, she repudiated it. Further action by her was not necessary until the attempt to enforce payment on the note was made.
We conclude, therefore, that complainant is entitled to the relief prayed. The decree will be reversed, with costs, and the cause remanded for further proceedings not inconsistent with this opinion. Reversed and remanded.