Higgins v. Brown

5 A. 269, 78 Me. 473, 1886 Me. LEXIS 96
CourtSupreme Judicial Court of Maine
DecidedJune 26, 1886
StatusPublished
Cited by12 cases

This text of 5 A. 269 (Higgins v. Brown) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Higgins v. Brown, 5 A. 269, 78 Me. 473, 1886 Me. LEXIS 96 (Me. 1886).

Opinion

Per Curiam :

The evidence in this case is not sufficient to sustain the verdict.

[477]*477There is not any evidence of threats, of impending clanger, or personal violence.

The threats as stated by the defendant himself amounted to nothing more than that the plaintiff was going to commence criminal proceedings.

These threats were not connected with any prosecution then pending. No warrant had been issued, or proceedings commenced. Assuming the testimony of the defendant to be true, he does not exhibit such a state of affairs as would constitute duress according to the well settled rules of law. Harmon v. Harmon, 61 Maine, 230.

Motion sustained. Hew trial granted.

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Bluebook (online)
5 A. 269, 78 Me. 473, 1886 Me. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgins-v-brown-me-1886.