Hamer v. Sidway
New York Court of Appeals
124 N.Y. 538, 27 N.E. 256 (1891)
Facts: A boy's uncle said that if refrained from certain vices until his 21st birthday, the uncle would give him $5k. Upon the boy's 21st birthday, the uncle said that he would hold it with interest for the boy until some unspecified time; he then died. The boy brought the suit against his uncle's estate.
Procedure: New York trial court found for the estate; special term of the trial court found for the boy; estate appealed.
Issue: Was the giving up of a legal right which may never the less benefited the one who gave it up a consideration?
Holding: Yes.
Reasoning: Giving up a legal right is a consideration, no matter if the act of giving it up confers some "benefit."
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1 comment:
My friend just got into law school and the first thing she learned was about Hamer v. Sidway. Nice post!
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