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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.Facts
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.
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