Hamer v. Sidway case brief

Hamer v. Sidway; (Ct of Appeals of NY, 1891); CB 233; Notes 25

Bargained-for legal detriment – don’t drink, kid.

• Facts: Uncle promised nephew $5k if he refrained from drinking, swearing, smoking, and playing cards/gambling until he was 21. Nephew did all these things and was never paid.
• Holding: there was consideration, nephew gave up his legal right to do those things.
• Rule: consideration for a promise may consist of, among other things, the abandonment of a legal right.