Saturday, September 6, 2008

Dougherty v. Salt

Dougherty v. Salt
New York Court of Appeals
227 N.Y. 200, 125 N.E. 94 (1919)

Facts: Aunt gives a boy a note for $3k, payable on her death or any time before.

Procedure: Trial judge found for the defendant; appellate court reversed the dismissal; defendant appeals.

Issue: Is there a consideration if the giver of a gift/promise says so?

Holding: No.

Reasoning: The consideration must exist in reality somewhere, and besides, the story pretty much proves that it was just a gift.

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