S. Ct. Civ. No. 2010-0102

In an action to recover on a promissory note and to foreclose upon certain property pledged as collateral, in which the debtor asserted the defense of duress in entering the underlying obligations, the trial court erred when it held that he had subsequently ratified the agreements giving rise to the debt and in granting summary judgment on that ground. Under the law governing ratification of voidable agreements, there is insufficient evidence in the present record to support a conclusion that the purported ratification was given after the circumstances that made the agreements voidable ceased to exist - here duress arising from an alleged threat of criminal prosecution for which the statute of limitation may or may not have expired when the alleged ratifying payments were made. The entry of summary judgment and relief granted thereon will be vacated, and this case is remanded to the Superior Court for proceedings consistent with this Opinion, However, the debtor has waived his right in this appeal to raise the issue of whether the pledged property - a 37-foot sloop - was lawfully subject to foreclosure because he failed to previously raise that issue in the trial court.