Neibuhr v. Gage

99 Minn. 149, 108 N.W. 884 (1906)

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Nature of the Case

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Facts

P was the owner and holder of ninety-one shares of the stock of Gage, Hayden & Co., a corporation, of the aggregate face value of $9,100, and then of the actual value of $12,000. P alleges that D, wrongfully and unlawfully held and restrained him against his will and falsely charged P with having appropriated certain money, funds, and properties of said Gage, Hayden & Co. D claimed he had more than enough evidence to convict P of a felony unless P turned over to D the full sum of $9,100. D denied P the right and opportunity to consult friends or counsel, or to employ an attorney, until he was forced and compelled to, and did, comply with D's unlawful demands. P claims he was put in mortal fear of immediate arrest and imprisonment, and thus deprived of the free and independent use of his faculties. P believed that D would and could produce false testimony against him, in order to establish the false accusations. P then transferred to D his shares of stock in the corporation. P sued to recover damages for a transfer of the shares under duress. P recovered a verdict for $8,478. The trial court denied D's motion for judgment n.o.v., but granted a new trial. Both parties appealed. D claims there was no duress and that P admitted that he was an embezzler, and voluntarily transferred the stock to Gage.