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State Rubbish Collectors Association v. Siliznoff

Supreme Court of California

240 P.2d 282 (1952)

Relevant factsFree

The State Rubbish Collectors Association (plaintiff) considered a client Siliznoff (defendant) serviced to belong to another member's territory, and an Association inspector threatened to beat Siliznoff, slash his truck tires, and put him out of business unless he arranged payment to that member before an upcoming board meeting; at the meeting, despite Siliznoff's protests that he owed nothing, the Association president reiterated the board's control over trash collection in the city, and after two hours of pressure, a frightened Siliznoff agreed to join the Association and signed promissory notes to pay for the disputed account, subsequently becoming physically ill and missing work. When the Association sued to collect on the notes, Siliznoff counterclaimed for cancellation based on duress and sought damages for the threats; the jury found entirely for Siliznoff, and the Association appealed.

IssueFree

Whether a party is liable for intentionally causing another party mental distress by seriously threatening his physical well-being, regardless of whether the threats technically constitute an assault.

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