Holley v. Adams
Supreme Court of Vermont
Appeal from the court of probate. The plaintiff’s declaration contained a special count in assumpsit and the indebitatus assumpsit counts. Plea, the general issue, and trial by the court. The plaintiff, on trial, gave in evidence the contract on which his special count was founded, which was as follows.
Read the full summary
Appeal from the court of probate. The plaintiff’s declaration contained a special count in assumpsit and the indebitatus assumpsit counts. Plea, the general issue, and trial by the court. The plaintiff, on trial, gave in evidence the contract on which his special count was founded, which was as follows. “ For value received, and for the consideration of love and affection that I have towards Minerva Holley, I promise and agree that she shall have and receive out of my estate fourteen hundred dollars, to be paid to the said Minerva Holley, or her heirs, after my decease. Bristol, March 16,…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
There is no principle of law better understood by the profession, than this, — that a promise for the payment of money is void, unless made upon good and.legal consideration. What constitutes a sufficient consideration has been the subject of more doubt and uncertainty. The only consideration for the note in this case is love and affection; — the question is whether that is a sufficient consideration to be the basis of a contract. It is said in general terms that the consideration must be something that is beneficial to the promisor, or…
2Cases cited6 opinions
- Cook v. BradleySupreme Court of Connecticut · 1828
- Raymond v. SellickSupreme Court of Connecticut · 1835
- Russel v. BallNew York Supreme Court · 1806
- Coutant v. SchuylerNew York Court of Chancery · 1829
- Bowers v. HurdMassachusetts Supreme Judicial Court · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Jones v. DeyerSupreme Court of Alabama · 1849
- Meginnes v. McChesneySupreme Court of Iowa · 1916
- Caldwell v. RenfrewSupreme Court of Vermont · 1860
- Emery v. CloughSupreme Court of New Hampshire · 1885
9 more not listed; retrieve them via the Exa API.