Digest of the Decisions of the Supreme Judicial Court, of the State of Maine, Contained in Greenleaf's, Fairfield's, Appleton's, And Shepley's Reports; And Comprising Twenty-Six Volumes of the Maine Reports. [1820-1847]
Digest of the Decisions of the Supreme Judicial Court, of the State of Maine, Contained in Greenleaf's, Fairfield's, Appleton's, And Shepley's Reports; And Comprising Twenty-Six Volumes of the Maine Reports. [1820-1847]
Maine. Supreme Judicial Court
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then in- 32 Digitized by Google 860 DI7mXM.«-*XAIBIfB«T. creased the som ; when A., aAer taking advice, and delibenuing upon the matter, acceded to the proposal, and executed a deed to C. HelS^ that here was no such duress, by imprisonment, as would enable A. to avoid the deed. CroweU y. Gleaton^ x. 325. 8. To constitute duress by imprisonment, the original restraint, or detenlicMi of the person, must have been unlawful, or there must have been an abuse of legal process. Crowdl v. Gleason^ z. 3...25. Edd^f v. Herrin^ xvii. 338. 4. If a man execute a bond, for fear of unlawful imprisomnent, he may avoid it, on the ground of duress. Whitfield y. LongfeUow^ xiii. 146. 5. Where a man is lawfully arrested, and offers to give such bond, as entitles him, by law, to be set at liberty, which is refused, and he is detained under arrest, through ignorance, and an obligation is given by him, through fear of such unlawful imprisonment, it may be avdded. WkUe/Md v. Lo9^ fellow^ XIII. 146. 6. But, if such person act freely and voluntarily, tiiough under such un* lawful detention, the obligation is valid.
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