Neibuhr v. Gage
Minnesota Supreme Court
108 N.W. 884 (Minn. 1906)
Neibuhr (plaintiff) owned 91 shares of stock in Gage, Hayden & Co. Gage (defendant) accused Neibuhr of grand larceny and threatened to have him prosecuted unless he transferred the shares to Gage. Neibuhr claimed that he was innocent of the larceny charge, but believed that Gage would falsely testify against him in a larceny proceeding. Thinking that he would otherwise be immediately arrested, Neibuhr transferred his shares to Gage. Subsequently, Neibuhr brought suit claiming he transferred the shares under duress. Neibuhr won a verdict of $8,478 at trial. The trial court denied Gage’s motion for judgment notwithstanding the verdict, but granted a new trial. Both parties appealed.
Rule of Law
Holding and Reasoning (Elliott, J.)
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