Gilman v. Hunnewell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 12th day of April, 1912.
1Per curiam
The agreement in suit is without consideration. All the plaintiff had done for the defendant prior to the agreement clearly imposed no legal obligation upon the defendant and was, therefore, no consideration for the agreement. (Arend v. Smith, 151 N. Y. 502; Chilcott v. Trimble, 13 Barb. 502; 9 Cyc. 358.) There was no moral obligation existing at the time of the making of the agreement. The plaintiff had made gifts to the defendant but these did not create a moral obligation. A moral obligation is an imperative duty which would be enforcible by law were it not for some positive rule, which,…
2Cases cited4 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Arend v. . SmithNew York Court of Appeals · 1897
- Chilcott v. TrimbleNew York Supreme Court · 1852
- Goulding v. DavidsonNew York Court of Appeals · 1863
3Cited by3 opinions
- In re the Estate of DitsonNew York Surrogate's Court · 1941
- In re the Accounting of HowellNew York Surrogate's Court · 1954
- In re the Accounting of StoeheNew York Surrogate's Court · 1954