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In re Greene: Difference between revisions
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In total, Trudel wanted $375,700 from Greene. | In total, Trudel wanted $375,700 from Greene. | ||
|issues=Is $1 sufficient consideration to support a married man's promise to pay his ex-lover more than $375,000 [in the 1930 dollars]? | |||
Greene lost in the bankruptcy court. | |||
|issues=Is a payment of $1 paid by Greene to Trudel at the time of the signing of the contract & a general statement of value exchanged between parties sufficient consideration to support a promise to pay hundreds of thousands of dollars (100,000s)? | |||
Is $1 sufficient consideration to support a married man's promise to pay his ex-lover more than $375,000 [in the 1930 dollars]? | |||
|arguments=Greene's bankruptcy trustee objected to the woman's claims & filed an appeal. | |||
|holding=No. Nominal payments & vague statements of consideration are insufficient to support a legally enforceable contract between parties. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.lsd.law/briefs/view/in-re-greene-63279078 | |link=https://www.lsd.law/briefs/view/in-re-greene-63279078 | ||
Revision as of 02:51, November 11, 2023
| In re Greene | |
| Court | Southern District of New York |
|---|---|
| Citation | 45 F.2d 428 |
| Date decided | December 6, 1930 |
Facts
- Mr. Greene = "Greene" = defendant = a married man
- the claimant = plaintiff = Ms. Trudel = a woman who has an extra-marital affair with Greene
- In the course of the romantic extra-marital affair in the 1920s, Greene routinely gave the woman substantial amounts of money including $70,000 for the woman to purchase a house in Long Island, New York.
- Ms. Trudel was fully aware of Greene's marriage but continued with the affair.
- Greene & Ms. Trudel ended their affair in April 1926 by signing an agreement which was sealed.
- In accordance with the aforesaid agreement, Greene promised to pay Ms. Trudel $1,000/month during their joint lives. Moreover, Greene promised to pay more sums under additional provisions.
- Still more, Greene promised to pay the woman's monthly lease for 4 more years (1926 - 1930).
- In exchange, the woman promised to release Greene from all claims against him.
April 1926
Greene & Trudel contract
Greene's final payment to Trudel
August 1928
  late 1928;
Greene becomes bankrupt
Trudel files claim in the bankruptcy hearing
late 1928
Procedural History
Ms. Trudel demanded
- $250,000 in payment,
- $99,200 for failing to keep a life insurance policy with the woman as the beneficiary, &
- $26,500 for rent
In total, Trudel wanted $375,700 from Greene.
Issues
Is a payment of $1 paid by Greene to Trudel at the time of the signing of the contract & a general statement of value exchanged between parties sufficient consideration to support a promise to pay hundreds of thousands of dollars (100,000s)?
Arguments
Greene's bankruptcy trustee objected to the woman's claims & filed an appeal.
Holding
No. Nominal payments & vague statements of consideration are insufficient to support a legally enforceable contract between parties.
