From our private database of 35,400+ case briefs...
Swift v. Tyson
United States Supreme Court
41 U.S. (16 Pet.) 1 (1842)
George Tyson (defendant), a New York resident, bought land from Nathanial Narton and Jairus Keith. Tyson paid for the land with a bill of exchange. A bill of exchange is similar to a promissory note; it’s a promise to pay a certain amount at a later date. And like a promissory note, it’s negotiable, meaning it can be transferred to others. Narton and Keith gave the bill of exchange to John Swift (plaintiff), a Maine resident, to pay off a previous debt they owed him. However, Narton and Keith never actually owned the land they claimed to sell to Tyson. The sale was a ploy to defraud Tyson. Thus, when Swift presented the bill of exchange for payment, Tyson refused to honor it. Since Swift resided in Maine and Tyson lived in New York, Swift sued Tyson in the Federal Circuit Court for the Southern District of New York, invoking the federal court’s diversity jurisdiction. Tyson argued that since Narton and Keith obtained the bill of exchange fraudulently, it was invalid and he didn’t have to honor it. Swift responded that he was a bona fide purchaser for value, without notice of the fraud, so he took the bill of exchange free of the initial fraud. Tyson countered that a pre-existing debt didn’t qualify as valid consideration for the bill of exchange. So Swift wasn’t a bona fide purchaser, and Tyson didn’t have to pay him. New York State’s constitution and statutes didn’t address whether pre-existing debt qualified as valid consideration, but New York state courts had ruled that pre-existing debts didn’t qualify. The trial court applied New York common law, held that Swift wasn’t a bona fide purchaser, and entered judgment for Tyson. The Supreme Court accepted the case.
Rule of Law
Holding and Reasoning (Story, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 617,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.