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Contracts Keyed to Summers
Petterson v. Pattberg
Citation:
248 N.Y. 86, 161 N.E. 428
ProfessorMelissa A. Hale
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*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:
John Petterson owned property in Brooklyn, New York, known as 5301 Sixth Avenue. Pattberg (defendant) owned a bond executed by Petterson, and the bond was secured by a mortgage of 5301 Sixth Avenue. Pattberg wrote a letter to Petterson, in which he offered a $780 reprieve on the mortgage if the mortgage was fully paid on or before May 31, 1924. Petterson went to Pattberg’s home in late May of 1924 to pay off the mortgage. Pattberg then informed Petterson that he had sold the mortgage. In response, Petterson presented the cash he had to pay off the mortgage according to their agreement. Pattberg, however, refused to take the money. Because Pattberg had sold the mortgage free and clear to another person, Petterson had to pay the full amount of the bond and mortgage. Following Petterson’s death, the executor of his estate (plaintiff) sued Pattberg to recover the loss of $780.
- 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.
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