Tuesday, March 26, 2013

Allegheny College v. National Chautauqua County Bank of Jamestown case brief

Allegheny College v. National Chautauqua County Bank of Jamestown case brief summary
246 N.Y. 369

SYNOPSIS:Plaintiff college appealed decision of the Appellate Division of the Supreme Court in the Fourth Judicial Department (New York) affirming judgment in favor of defendant decedent entered upon the dismissal of plaintiff's complaint alleging breach of contract regarding a charitable subscription.

OVERVIEW: The decedent promised to give plaintiff college a charitable subscription 30 days after her death and with the condition that the scholarship established with the subscription be named in her honor. She donated $ 1,000 prior to her death. After her death, plaintiff filed suit against defendant executor for the unpaid balance of the subscription. Plaintiff's complaint was dismissed and judgment was entered in favor of defendant.

HOLDING:
The appellate division affirmed, but on further appeal, the court concluded that the duty assumed by plaintiff to perpetuate the name of decedent by naming the scholarship in her honor when it accepted part of the donation was sufficient consideration to make the charitable subscription promise legally enforceable.

ANALYSIS:
Thus, because there was sufficient consideration to make the promise enforceable, judgment was reversed.

OUTCOME: Judgment was reversed because the duty assumed by plaintiff to perpetuate the name of decedent by naming the scholarship in her honor when it accepted part of the decedent's donation was sufficient consideration to make the charitable subscription promise legally enforceable.

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