Chapter 1 Assignment: Louisa W. Hamer v. Franklin Sidway
Facts: William E. Story would gave his nephew William E.Story, 2d five thousand dollars when his 21 birthday, but William E.Story, 2d must avoid drinking alcohol, using tobacco, swearing, and playing cards or billiards for money until he reached 21 years old. Until his 21 years old, his uncle said he would gave the money later, because he want his nephew can much better to control the money. Many years ago, his uncle do not gave the money and he died. William E.Story, 2d gave the financial interest to his wife and his wife gave to Louisa W. Hamer. The executor of the William E. Story named Franklin Sidway, he should give the money to Louisa W. Hamer, but he refused. So Louisa W. Hamer appeals the lawsuits and wanted to get the money form Franklin Sidway.
Issue: Whether the agreement between William E. Story and William E.Story, 2d should be protected by legal and whether Franklin Sidway should give the money to Louisa W. Hamer.
Contention: The Exchequer Chamber’s 1875 definition of consideration is that the contract is consideration. William E.Story, 2d did the things which his uncle require him. And Louisa W. Hamer has the legal right. So Franklin Sidway should give the money to Louisa W. Hamer.
Rule: The Exchequer Chamber’s 1875 definition of consideration is consideration. If William E.Story, 2d gave up the things which his uncle told him, he would get the money. And Franklin Sidway should give the money to Louisa W. Hamer. If not, the contract is not valid, and Franklin Sidway should not to give the money to Louisa W. Hamer.
Application: The Exchequer Chamber’s 1875 definition of consideration: "A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other." This means that if you want to get some benefit, you must...
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