Elias M. Loew v. Julius I. Friedman and Eleanor S. Friedman

FLOYD, Associate Justice. Plaintiff-appellant sued to foreclose a certain note and mortgage executed by defendants-appellees, Julius Friedman and Eleanor
Friedman, his wife, in the the principal amount of $25,000. Defendants filed separate Answers and Counterclaims, alleging
that the note and mortgage were executed under threats, duress and undue influence and prayed for cancellation of the note
and mortgage. The cause was referred to a Special Master who took testimony. Julius Friedman is a lawyer, and he and the plaintiff
invested money in a corporation which failed financially. He averred that the plaintiff threatened him with disbarrment and
criminal prosecution if he did not pay plaintiff back the money which plaintiff had invested in the corporation. Eleanor Friedman
testified that plaintiff had told her about his intended action if the investment was not returned, and she stated that she
signed the note and mortgage to preclude plaintiff from pursuing the matter further against her husband. The Special Master
made detailed findings and recommended that the mortgage be cancelled as to both defendants and that the note be cancelled
as to Eleanor Friedman. Exceptions were filed by both plaintiff and defendants to the Special Master's Report; these exceptions
were overruled, and the Court entered its Order in accordance with the recommendations of the Special Master.