ADDER v. HOLMAN & MOODY, INCORPORATED

No. 7422SC1051.

214 S.E.2d 227 (1975)

25 N.C. App. 588

James B. ADDER v. HOLMAN & MOODY, INCORPORATED.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

Wilson & Biesecker by Roger S. Tripp and Joe E. Biesecker, Lexington, for plaintiff-appellant.

Grubb & Penry by Robert L. Grubb, Lexington, for defendant-appellee.


MARTIN, Judge.

The trial court treated the release as a bar to plaintiff's action for damages and allowed defendant to recover on the promissory note. It also found that the release and the note were signed by plaintiff in order to regain possession of his car. The question arises as to whether the release and note were obtained by duress or, to be more accurate, by duress of goods.

"Duress exists where one, by the unlawful act of another, is induced to make...

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