Notable Items:
Appellant: Hamer
Appellee: Sidway
Venue: Court of Appeals of New York
Opinion of the Court: Need entry for
Issue(s) Before the Court:
Whether by virtue of a contract defendant's testator, William E. Story, became indebted to his nephew, William E. Story, 2d, on his twenty-first birthday in the sum of $5,000.
Plaintiff's Claim(s):
... claim to the executor of William E. Story, Sr., for $5,000 and interest from the 6th day of February, 1875.
Defendant's Claim(s):
... the contract was without consideration to support it, and therefore invalid.
Holding(s) and Disposition:
Held:
Disposition: The order appealed from should be reversed, and the judgment of the special term affirmed, with costs payable out of the estate.
Material Facts:
- William E. Story, Sr., on the 20th day of March, 1869, promised his newphew, William E. Story, 2d, on the 20th day of March, 1869, that if he [the newphew] would refrain from drinking, using tobacco, swearing, and playing cards or billiards for money until he became 21 years of age, he would pay him the sum of $5,000.
- The nephew assented thereto, and fully performed the conditions inducing the promise.
- When the nephew arrived at the age of 21 years, and on the 31st day of January, 1875, he wrote to his uncle, informing him that he had performed his part of the agreement, and had thereby become entitled to the sum of $5,000.
- [Uncle replied by letter] Now, Willie, I do not intend to interfere with this money in any way till I think you are capable of taking care of it, ....
- The nephew ... consented that the money should remain with his uncle in accordance with the terms and conditions of the letter.
- The uncle died on the 29th day of January, 1887, without having paid over to his nephew any portion of the said $5,000 and interest.
- A full recounting of the facts is available below
Procedural History:
- court at special term in the county clerk's office of Chemung county on the 1st day of October, 1889
- general term of the supreme court in the fourth judicial department, reversing a judgment of the county clerk's office
Rationale
Majority Opinion
- "A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other."
- Now, applying this rule to the facts before us, the promisee used tobacco, occasionally drank liquor, and he had a legal right to do so.
- That right he abandoned for a period of years upon the strength of the promise of the testator that for such forbearance he would give him $5,000.
- A full description of the rationale is available below
Full Recounting of Facts
- William E. Story, Sr., on the 20th day of March, 1869, promised his newphew, William E. Story, 2d, on the 20th day of March, 1869, that if he [the newphew] would refrain from drinking, using tobacco, swearing, and playing cards or billiards for money until he became 21 years of age, he would pay him the sum of $5,000.
- The nephew assented thereto, and fully performed the conditions inducing the promise.
- When the nephew arrived at the age of 21 years, and on the 31st day of January, 1875, he wrote to his uncle, informing him that he had performed his part of the agreement, and had thereby become entitled to the sum of $5,000.
- [Uncle replied by letter] Now, Willie, I do not intend to interfere with this money in any way till I think you are capable of taking care of it, ....
- The nephew ... consented that the money should remain with his uncle in accordance with the terms and conditions of the letter.
- The uncle died on the 29th day of January, 1887, without having paid over to his nephew any portion of the said $5,000 and interest.
- A list of the material facts is available above
Majority Full Argument
- "A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other."
- Now, applying this rule to the facts before us, the promisee used tobacco, occasionally drank liquor, and he had a legal right to do so.
- That right he abandoned for a period of years upon the strength of the promise of the testator that for such forbearance he would give him $5,000.
- ... it is of no moment whether such performance actually proved a benefit to the promisor ....
- The core of the rationale is available above