Citation. 22 Ill.36 N.Y. St. Rptr. 888, 124 N.Y. 538, 27 N.E. 256 (1891)
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An uncle promised his nephew that if he refrained from smoking and drinking until he reached the age of 21, he would pay the nephew $5,000.
Synopsis of Rule of Law.
The surrender of a right is a promise and by continuing to abstain from doing something is sufficient consideration.
Facts.
On March 20, 1869, an uncle promised his nephew he would pay him $5000 if he refrained from smoking or drinking until he reached the age of 21. When the nephew reached 21, he wrote the uncle and requested performance. The uncle responded by letter and said he would pay the sum in accordance with the agreement. The uncle died on January 29, 1887, without having paid the sum. The executor of the estate refused to pay the $5000 to the nephew. The special term’s decision finding valid consideration was reversed on appeal.
Issue.
Was there consideration where Plaintiff incurred a benefit by not smoking or drinking?
Held.
Yes. The order appealed from should be reversed and judgment of the special term affirmed.
Consideration consists of “some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by another.”
The court will not look if there is a benefit or detriment in the action taken, just if there was an abandonment of some legal right
Discussion.
Even if the promise benefited the nephew, the surrender of his right to use alcohol and tobacco is sufficient consideration to uphold the promise.
