Hamer v. Sidway

Hamer v. Sidway - Df. Claims that Pl.’s end of the...

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Class Notes Case: Court: Date: Facts: Issue: Holding: Procedural History: Rule: Rationale: Hamer v. Sidway Ct. Of Appeals NY 1891 Pl. was given judgement by a special term in the county clerk’s office $5,000 for a contract he had against his uncle’s estate. The judgement was later reversed at a trial ct. Now the Pl. is appealing the reversal. Executor of Mr. Story’s estate (Sidway): Defendant Pl. made a promise to his uncle to not drink, smoke, or gamble. Uncle promised $5,000 if nephew did so until 21 st birthday. Pl. fulfilled his end of the contract and now wants the $ + interest from his uncle’s estate.
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Unformatted text preview: Df. Claims that Pl.’s end of the agreement was not harmed by upholding his end of the contract, so he should not gain from the deal. In addition he claimed that Df. Did not benefit from the outcome, so contract was without consideration Whether by virtue of a contract, the defendant became indebted to Pl. No matter the alternate benefit’s to either party – the agreement was upheld and the Pl. should recieve the $5,000 + interest. Order reversed and judgement of special term affirmed....
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This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at Arizona.

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