Kennedy v. Collins

Superior Court of Delaware

Kennedy v. Collins

108 A. 48, 30 Del. 426, 7 Boyce 426, 1919 Del. LEXIS 48

Superior Court of Delaware·Decided May 5, 1919·No. Appeal No. 1·Published·Cited by 6 cases

Opinion

Pennewill, C. J.:

You can’t go into that in this actioix If the defendant had any remedy at that time, it was in chancery. To show duress in this case you would be compelled to show that there was no consideration for the execution. We sustain the objection.

Mr. Hawkins:—We have no other defense.

Mr. Magee:—I ask the court to give the jury binding instructions to find a verdict for the plaintiff.

[428]*428Pennewill, C. J.:

Under the testimony, gentlemen of the jury, there is nothing for you to do but find a verdict for the plaintiff.

Verdict for plaintiff.

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Pennewill, C. J.:

You can’t go into that in this actioix If the defendant had any remedy at that time, it was in chancery. To show duress in this case you would be compelled to show that there was no consideration for the execution. We sustain the objection.

Mr. Hawkins:—We have no other defense.

Mr. Magee:—I ask the court to give the jury binding instructions to find a verdict for the plaintiff.

[428]*428Pennewill, C. J.:

Under the testimony, gentlemen of the jury, there is nothing for you to do but find a verdict for the plaintiff.

Verdict for plaintiff.

Kennedy v. Collins, 108 A. 48, 30 Del. 426, 7 Boyce 426, 1919 Del. LEXIS 48 (Del. Ct. App. 1919).

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Opinion

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