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Dougherty v. Salt

New York Court of Appeals
125 N.E. 94 (1919)


Dougherty (plaintiff), an eight-year-old boy, was given by his aunt, Salt’s (defendant) testatrix, a note promising to pay him $3,000 at the aunt’s death or before. The aunt asked Dougherty’s guardian to draft the note after she expressed to him her desire to take care of Dougherty. Dougherty’s guardian drafted the note as specified, and added the words “value received.” The aunt handed the note to Dougherty and told him that she had signed the note for him, and that he should not lose it. At the aunt’s death, Dougherty sought to recover on the note. A jury held that consideration had been provided by Dougherty and that the note was enforceable. It entered a verdict for Dougherty. The trial judge set aside the verdict, however, and dismissed the case. The appellate court reversed and reinstated the verdict. Salt appealed.

Rule of Law

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Holding and Reasoning (Cardozo, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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