<p>1. Notes: Consideration: Slander. Language, if used attributing to another an uncontrollable sexual desire that caused her to commit an unmannerly and unwomanly act, is slanderous, and a note freely given in settlement of a claim for damages to her reputation resulting from such slander is not without consideration.</p> <p>2. -: Undue Influence: Relief in Equity. Where coercion is not sufficient to amount to duress, but a social or domestic force is exerted on a party, which controls the free action of'his will and prevents voluntary action in the giving of a note and mortgage, equity may relieve against the same on the ground of undue influence. Munson v. Garter, 19 Neb. 293.</p> <p>3. -: Injunction: Limitation of Actions: Action for Damages. A note, given in settlement of a claim of damages for tort, is held void because procured by undue influence exerted by others than the payee thereof. In this, a suit seeking to enjoin the collection of the note because procured by undue influence, the payee defended in good faith, believing that undue influence had not been exerted.. Held, that the payee should in an action in equity be permitted to prosecute her claim of damages for tort, and that the statute of limitations does not run during the period covering the pendency of said action.</p>
Good law ✅— No negative treatment on recordhow we know
Modified and affirmed, and remanded · Decided 1918-01-21
How this case has been cited
Cited by 9 later decisions — most recently September 2017
2 federal appellate · 1 district · 6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1concurs in affirmance, and dissents from modification of decree.
¶2•I concur in the affirmance, hut dissent from the modification of the decree. The result of the modification is to hold that one who ratifies an illegal act by seeking to sustain in court the validity of. notes improperly extorted by duress may, even after the statute of limitations has run by reason of the delay caus*126ed by the suit, recover upon tbe original cause of action, if any. It gives one who ratifies tbe act of a wrongdoer the option to sue upon the notes, and, if unsuccessful, to retrace his steps 'and begin again after the statute has run.
Mokrissey, O. J., concurs in this special concurrence and dissent.
