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Neibuhr v. Gage

Minnesota Supreme Court

108 N.W. 884 (Minn. 1906)

Relevant factsFree

Gage (defendant) accused Neibuhr (plaintiff) of grand larceny and threatened prosecution unless Neibuhr transferred his shares of stock in Gage's company to Gage. Believing Gage would falsely testify against him and that he would otherwise be arrested, Neibuhr transferred the shares. He later sued, claiming the transfer was made under duress, and won a jury verdict; the trial court denied Gage's motion for judgment notwithstanding the verdict but granted a new trial, and both sides appealed.

IssueFree

Whether a party who has been injured by duress is entitled to the same remedies as a party who has been injured by deception.

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