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Keywords

contractplaintiffdefendantwill
plaintiffdefendant

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Fink v. Cox, 18 Johns. 145, 9 Am.Dec. 191

Facts

The case involved a promissory note for $1,000 given by Alexander Fink to his son, John L. Fink, which was intended as a gift. The father stated that he was giving the note absolutely, citing reasons related to the son's financial situation and a dispute with his brother. However, there was no actual consideration for the note, and the father’s will indicated that his estate was to be divided equally among his children. The plaintiff claimed the note was a gift based on natural love and affection.

This was an action of assumpsit brought to recover the amount of a promissory note, given by the testator, Alexander Fink, to his son, the plaintiff.

Issue

Whether the promissory note constituted a valid gift or enforceable contract, given the lack of consideration.

The question in this case is, whether there is a sufficient consideration for the note on which this suit is founded.

Rule

A valid gift requires actual delivery of the intended item, and natural affection alone is not sufficient consideration to support an executory contract.

It is conceded, that the gift, in this case, is not a donatio causa mortis, and cannot be supported on that ground.

Analysis

The court analyzed the nature of the promissory note and the circumstances under which it was given. It concluded that while the note was given to the plaintiff, it was merely a promise to pay in the future and lacked the necessary elements of a completed gift. The court referenced previous cases to illustrate that a mere intention to give, without actual delivery or valuable consideration, does not create an enforceable obligation.

The note here manifested a mere intention to give the one thousand dollars. It was executory, and the promisor had a locus pœnitentiæ. It was an engagement to give, and not a gift.

Conclusion

The court ruled in favor of the defendant, concluding that the action could not be maintained due to the lack of consideration for the promissory note.

Judgment for the defendant.

Who won?

Defendant; the court found that the note was not enforceable as it lacked consideration.

The court ruled in favor of the defendant, concluding that the action could not be maintained due to the lack of consideration for the promissory note.

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