Confirm favorite deletion?
Contracts Keyed to Fuller
Dougherty v. Salt
Citation:Dougherty v. Salt, New York Court of Appeals, 1919. 227 N.Y. 200, 125 N.E. 94.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Charley Dougherty (plaintiff), an eight-year-old boy, received from his aunt’s (defendant) testatrix a promissory note for $3,000 payable at her death or before. The note came into existence when the aunt visited her nephew, and informed her nephew’s guardian that she desired to take care of him. She asked her nephew’s guardian if she could do so by making a promissory note out to him. The guardian approved, and the aunt proceeded to direct the guardian to draft the note. The aunt signed the note, and handed it to her nephew stating “You have always done for me, and I have signed this note for you. Now, do not lose it. Some day it will be valuable.” Subsequently, the plaintiff sought to enforce the note.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.