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Lawrence v. Fox

Court of Appeals of New York, 1859

20 N.Y. 268

Audio opinion coming soon

Brief Fact Summary

Holly loaned and advanced $300 to the defendant. The defendant promised to pay it to the plaintiff the next day. The defendant moved for a nonsuit on the grounds that the promise was void for want of consideration and that there was no privity between the plaintiff and defendant.

Rule of Law and Holding

1. A promise to repay a loan, which was for the benefit of another, is valid. 2. "That where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it."