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Rubenstein v. Rubenstein

Supreme Court of New Jersey

120 A.2d 11 (1956)

Relevant factsFree

After separating over disagreements about their child's psychiatric treatment, Mrs. Rubenstein (defendant) pressured Mr. Rubenstein (plaintiff) to transfer jointly held property solely to her, allegedly threatening him with gangster violence, arsenic poisoning, and arrest -- threats Mr. Rubenstein found especially credible given that his wife's father was imprisoned for murder involving an "arsenic ring." Mr. Rubenstein eventually transferred the property and later sued to recover it on grounds of duress; the trial court dismissed the case and the appellate court affirmed, prompting his further appeal.

IssueFree

Whether a contract is voidable for duress if one party wrongfully induces the other to act by creating a fear of loss of life, loss of limb, mayhem, or imprisonment.

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