Wednesday, December 25, 2013

Lawrence v. Fox case brief

Lawrence v. Fox case brief summary
20 N.Y. 268 (1859)

Defendant appealed the decision of the Superior Court of the city of Buffalo (New York) affirming a judgment in favor of plaintiff for the amount of a loan plus interest in a contract suit.

A debtor, who owed plaintiff money, loaned defendant money. Defendant, in return, promised to repay plaintiff that sum of money on the debtor's debt. Plaintiff sued defendant for the sum of money. Judgment was entered in favor of plaintiff. Defendant appealed alleging that the evidence did not show that the debtor was indebted to plaintiff, defendant's agreement to pay plaintiff was void for lack of consideration, and there was no privity between plaintiff and defendant.


  • The court affirmed because: 
  • (1) the evidence sufficiently established the existence of a debt between the debtor and plaintiff, 
  • (2) defendant's promise to repay plaintiff for the debtor in return for the loan from the debtor was sufficient consideration to make the contract enforceable, and 
  • (3) since defendant promised the debtor he would repay plaintiff in return for consideration advanced by the debtor, it was unnecessary for defendant to make a promise to plaintiff because upon proof of the promise made to the debtor to pay plaintiff, a promise to plaintiff was implied.
The judgment in favor of plaintiff was affirmed because defendant promised the debtor that he would repay plaintiff on the debtor's debt in return for consideration advanced by the debtor. Thus, the promise was supported by consideration and the promise made to the debtor was implied to plaintiff, so plaintiff could successfully maintain a suit against defendant.

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