February 19, 2016

Hamer v. Sidway | Case Brief Law Student - 124 N.Y. 538, 27 N.E. 256 (1891) - Court of Appeals of New York


FACTS: The uncle promised that if the nephew refrained from drinking, using tobacco, swearing, and playing cards or billiards for money then he would give him $5000 on his 21st birthday.  The nephew then turned 21 and wrote to the uncle to collect.  The uncle deferred paying the money and said to consider the money "on interest".  The uncle eventually died and the nephew had not yet collected his money.  

HISTORY: On appeal on order from supreme court of 4th judicial department reversing a judgement.

ISSUE: Was there consideration?


HOLDING: Yes


RATIONALE: A consideration exists if some forebearance is undertaken by another party. 

DISPOSITION: Order reversed and judgement of special term affirmed.