Aller v. Aller

40 N.J.L. 446 (1878)

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Aller v. Aller

New Jersey Supreme Court
40 N.J.L. 446 (1878)

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Facts

When Mary Ann Aller died, her husband Peter Aller (defendant) provided notes to two of Mary Ann's daughters promising them money from the estate. Specifically, Peter's note to Angelina Aller (plaintiff) promised under seal to pay her $312.61, "for value received." When Peter gave Angelina and her sister the notes, he told them, “Now here, girls, is a nice present for you.” Angelina filed suit against Peter seeking to enforce the note. Peter argued in defense that Angelina couldn't maintain her action because the note was a gift and lacked consideration. After a trial, a verdict was reached in Angelina's favor, and the trial court allowed a rule to show cause why a new trial should not be granted.

Rule of Law

Issue

Holding and Reasoning (Scudder, J.)

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