NEIBUHR V. GAGE
99 Minn. 149, 108 N.W. 884 (1906)
NATURE OF THE CASE: Neibuhr (P), stockholder, challenged the decision of the Court for
Freeborn County, which granted Gage's (D) motion for a new trial after the jury found in
favor of the P in his action alleging that his property was wrongfully taken from him as a
result of D's duress.
FACTS: P was the owner and holder of ninety-one shares of the stock of Gage, Hayden &
Co., a corporation, of the aggregate face value of $9,100, and then of the actual value of
$12,000. P alleges that D, wrongfully and unlawfully held and restrained him against his
will and falsely charged P with having appropriated certain moneys, funds, and properties of
said Gage, Hayden & Co. D claimed he had more than enough evidence to convict P of a felony
unless P turned over to D the full sum of $9,100. D denied P the right and opportunity to
consult friends or counsel, or to employ an attorney, until he was forced and compelled to,
and did, comply with D's unlawful demands. P claims he was put in mortal fear of immediate
arrest and imprisonment, and thus deprived of the free and independent use of his faculties.
P believed that D would and could produce false testimony against him, in order to establish
the false accusations. P then transferred to D his shares of stock in the corporation. P
sued to recover damages for a transfer of the shares under duress. P recovered a verdict for
$8,478. The trial court denied D's motion for judgment n.o.v., but granted a new trial. Both
parties appealed. D claims there was no duress and that P admitted that he was an embezzler,
and voluntarily transferred the stock to Gage.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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