LAWS 4175 Lecture Notes - Lecture 8: Testator, Promissory Note
28 Dec 2020
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Court/citation: new york court of appeals 227 n. y. 200, 125 n. e. Parties: dougherty (plaintiff), salt (defendant, executor, or testatrix of aunt"s estate). Procedural history: the trial court found in favor of dougherty and dismissed salt"s complaint, the appellate division reversed the complaint dismissal and reinstated the verdict on the ground that the note alone was sufficient consideration. Offer: a note of ,000 made out and signed to dougherty at the expressed wish of his aunt. Holding: the appeals court found that there was no consideration, but that the note was a voluntary and unenforceable promise of an executory gift (a gift to be performed in the future).
