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.
Saturday, September 6, 2008
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