The Price of Forced Payment

The case of Schwabacher Bros. & Co. of Seattle vs. B. F. Young was called and on trial. This was an action on a promissory note for $3,300. The plaintiffs moved for nonsuit, which was granted by the court, who instructed the jury to return a verdict of $2,900 for plaintiffs. The jury retired, but refused to render the verdict until the court insisted upon its compliance with instructions. Finally, it rendered a verdict for $2,469.64, including principal, interest, and costs of suit. The defense of B. F. Young thereto was that the note was signed by him to procure the release of his property from an attachment levied thereon at the suit of the plaintiffs against his co-defendant, B. H. Young, and for no other consideration. The court's decision was in substance that while a person who gives his note to secure the release of his property from a levy wrongfully made is not liable thereon, yet if, in consideration of the discharge of property from a levy wrongfully made thereupon the owner thereof joins with the person who owes the debt out of which the proceedings and levy grew, in executing a note, he is liable.