WILLIAMS v. RENTZ BANKING COMPANY

41462.

112 Ga. App. 384 (1965)

145 S.E.2d 256

WILLIAMS et al. v. RENTZ BANKING COMPANY.

Court of Appeals of Georgia.

Decided September 17, 1965.

Rehearing Denied September 28, 1965.


Attorney(s) appearing for the Case

C. C. Crockett, H. Dale Thompson, for plaintiff in error.

Eric L. Jones, Paul J. Jones, Jr., Jones & Douglas, contra.


JORDAN, Judge.

The primary question presented here is whether or not the allegations of paragraph 9 of the defendants' answer were sufficient to set forth the defense that the defendants had executed the note sued upon under duress as against the plaintiff's special demurrers addressed thereto.

"Duress is considered as a species of fraud in which compulsion in some form takes the place of deception in accomplishing an injury, and, like fraud, constitutes a...

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