Friday, March 23, 2012

Fischer v. Union Trust Co. case brief

 Fischer v. Union Trust Co.; (Sup. Ct. of MI, 1904); Supp 50; Notes 25
One dollar and mentally ill daughter; in contrast to Hamer
  • Facts: mentally ill daughter received warranty deed for property from father for $1. Father did not pay mortgage so whole property went to bank. Bank stopped paying daughter mortgage interest.
  • Holding: deed not deliverable to daughter for lack of consideration, notwithstanding symbol of $1. Saying intent irrelevant, only evidence of consideration (of which there wasn’t any). This was a gift.
  • Rule: Consideration: there needs to be something flowing in the other direction in exchange for the promise AND it has to be at least part of the reason the party makes the promise.
  • Commentary: Daughter argues love and affection provided father during his life is consideration, but court says love and affection is not consideration.

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