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Keywords

contractsettlementplaintiffdefendantbilateral contract
settlementplaintiffdefendant

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De Cicco v. Schweizer, 221 N.Y. 431, 117 N.E. 807

Facts

On January 16, 1902, Joseph Schweizer executed an agreement promising to pay his daughter Blanche an annual sum of $2,500 during his lifetime, contingent upon her marriage to Count Oberto Gulinelli. The marriage took place on January 20, 1902, and the first payment was made on that day. The payments continued until 1912, when the plaintiff sought to recover the installment for that year. The defendant argued that the marriage was merely a fulfillment of an existing legal duty, thus lacking consideration.

On January 16, 1902, Joseph Schweizer executed an agreement promising to pay his daughter Blanche an annual sum of $2,500 during his lifetime, contingent upon her marriage to Count Oberto Gulinelli.

Issue

The main legal issue was whether the marriage between Blanche and Count Gulinelli constituted valid consideration for the annuity promised by Joseph Schweizer.

The main legal issue was whether the marriage between Blanche and Count Gulinelli constituted valid consideration for the annuity promised by Joseph Schweizer.

Rule

The court applied the principle that a promise made in consideration of marriage can be enforceable, and that the nature of the promise and the surrounding circumstances must be analyzed to determine if consideration exists.

The court applied the principle that a promise made in consideration of marriage can be enforceable, and that the nature of the promise and the surrounding circumstances must be analyzed to determine if consideration exists.

Analysis

The court analyzed the nature of the agreement and the circumstances surrounding the marriage. It concluded that the promise was intended to induce both parties to marry and that the marriage itself constituted valid consideration. The court distinguished between unilateral and bilateral contracts, noting that the promise was unilateral and intended to benefit the daughter, thus making her a party to the contract.

The court analyzed the nature of the agreement and the circumstances surrounding the marriage. It concluded that the promise was intended to induce both parties to marry and that the marriage itself constituted valid consideration.

Conclusion

The court affirmed the judgment of the lower court, ruling that the agreement was a valid marriage settlement and that the promise was enforceable.

The court affirmed the judgment of the lower court, ruling that the agreement was a valid marriage settlement and that the promise was enforceable.

Who won?

The plaintiff, Attilio De Cicco, prevailed in the case because the court found that the marriage constituted valid consideration for the annuity promised by the defendant.

The plaintiff, Attilio De Cicco, prevailed in the case because the court found that the marriage constituted valid consideration for the annuity promised by the defendant.

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