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Keywords

contractplaintiffdefendanttrialverdicttestimony
contractplaintiffdefendantlawyertrialverdict

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Silsbee v. Webber, 171 Mass. 378, 50 N.E. 555

Facts

Cordelia A. Silsbee's son was employed by Parker J. Webber and was accused of stealing money from him. After signing a confession, the son agreed to provide security for $1,500. During a meeting between Silsbee and Webber, Silsbee testified that Webber threatened to inform her husband about the situation, which she feared would worsen her husband's mental health. To prevent this, Silsbee executed an assignment of her share in her father's estate, which was later contested as being obtained under duress.

The plaintiff further testified that she previously had talked with the defendant about her husband's condition, and that she begged him not to tell her husband, and told him that he knew what her husband's condition was; but that he twice threatened to do it in the course of his inquiries as to what property she had, and that, to prevent his doing so, she, the next day, went, by agreement, to the office of the defendant's lawyer, and executed an assignment of her share in her father's estate.

Issue

Did the defendant obtain the assignment from the plaintiff through duress, thereby allowing the plaintiff to avoid the contract?

Did the defendant obtain the assignment from the plaintiff through duress, thereby allowing the plaintiff to avoid the contract?

Rule

Duress occurs when a party obtains a contract by creating a motive from which the other party ought to be free, and which is known to be sufficient to produce the result. The law recognizes that threats of illegal acts can constitute duress, but it also considers the context and the nature of the threats made.

Duress occurs when a party obtains a contract by creating a motive from which the other party ought to be free, and which is known to be sufficient to produce the result.

Analysis

The court analyzed whether the threats made by the defendant were sufficient to constitute duress. It considered the plaintiff's fear regarding her husband's mental state and whether that fear was reasonable. The court noted that if the jury believed the plaintiff's testimony, they could find that the defendant's actions were intended to inspire fear, thus potentially allowing the plaintiff to avoid the assignment. However, the court also acknowledged evidence suggesting that the plaintiff may not have acted under duress, as she sought out the defendant and expressed a desire to secure her son's obligations.

The court analyzed whether the threats made by the defendant were sufficient to constitute duress.

Conclusion

The supreme judicial court set aside the directed verdict for the defendant, allowing the case to proceed to trial. The court concluded that the evidence warranted a jury's consideration of whether duress was present in the execution of the assignment.

The supreme judicial court set aside the directed verdict for the defendant, allowing the case to proceed to trial.

Who won?

The prevailing party was the plaintiff, Cordelia A. Silsbee, as the court set aside the verdict in favor of the defendant, allowing her case to proceed to trial.

The prevailing party was the plaintiff, Cordelia A. Silsbee, as the court set aside the verdict in favor of the defendant, allowing her case to proceed to trial.

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