124 Ga. 671 | Ga. | 1906
As we have seen, the plea in the present case alleges, in substance, that the defendants, the year before the notes were given, had placed plaintiff in control- of their business in North Carolina, which extended also into the States of South Carolina and Virginia; that he had a thorough knowledge and control of such business; that he had entered into numerous contracts involving large sums of money, for the execution of work pertaining to the business; that he had collected and had imhis possession nearly $850 in money belonging to the defendants; that he also had control of numerous writings, contracts, and other property relating to the business; that under the circumstances no one but plaintiff could carry on the business except at great financial loss to defendants; that the plaintiff had brought about this state of affairs in pursuance of a preconceived plan to coerce the defendants into giving him the notes; that he was insolvent; that he threatened to leave the employment of the defendants and take with him their money, contracts, and-other property unless they gave him the notes and paid him a certain sum of money; and that, fearing he would carry out such threats to their great financial loss, they gave him the notes. We are of the opinion that the plea, while not coming up to the requirements of technical accuracy, was in substance a good plea of duress, and that the court erred in striking it.
Judgment reversed.