Kennedy v. Collins

Decided May 5, 1919

Superior Court of Delaware · decided 1919-05-05

Appeal by Thomas Kennedy and another from a judgment of a justice of the peace against George W. Collins. George W. Collins, the plaintiff, having obtained a judgment by confession before a justice of the peace on-an obligation with a warrant of attorney against Thomas Kennedy and Hattie Kennedy, the defendants, they subsequently filed an affidavit with the justice, denying the obligation, etc., and asked that a trial be granted as provided by Rev. Code 1915, § 4020.

Good law ✅— No negative treatment on recordhow we know

Decided 1919-05-05

How this case has been cited

Cited by 5 later decisions — most recently April 1965

5 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.

View the full empirical analysis of this case →

Pennewill, C. J.:

¶1You can’t go into that in this actioix If the defendant had any remedy at that time, it was in chancery. To show duress in this case you would be compelled to show that there was no consideration for the execution. We sustain the objection.

¶2Mr. Hawkins:—We have no other defense.

¶3Mr. Magee:—I ask the court to give the jury binding instructions to find a verdict for the plaintiff.

*428Pennewill, C. J.:

¶4Under the testimony, gentlemen of the jury, there is nothing for you to do but find a verdict for the plaintiff.

¶5Verdict for plaintiff.