Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
In re Greene: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
No edit summary |
Lost Student (talk | contribs) m (Updated timeline for new template) |
||
(8 intermediate revisions by 2 users not shown) | |||
Line 4: | Line 4: | ||
|date=December 6, 1930 | |date=December 6, 1930 | ||
|subject=Contracts | |subject=Contracts | ||
|other_subjects=Bankruptcy | |other_subjects=Bankruptcy*Family Law | ||
|facts=*Mr. Greene = "Greene" = defendant = a married man | |facts=*Mr. Greene = "Greene" = defendant = a married man | ||
*the claimant = plaintiff = Ms. Trudel = a woman who has an extra-marital affair with Greene | *the claimant = plaintiff = Ms. Trudel = a woman who has an extra-marital affair with Greene | ||
Line 14: | Line 14: | ||
*In exchange, the woman promised to release Greene from all claims against him. | *In exchange, the woman promised to release Greene from all claims against him. | ||
{{Timeline|1=Greene & Trudel contract|2=April 1926|3=Greene's final payment to Trudel | {{Timeline|1=Greene & Trudel contract|2=April 1926|3=August 1928|4=Greene's final payment to Trudel|5=Greene becomes bankrupt|6=late 1928|7=late 1928|8=Trudel files claim in the bankruptcy hearing}} | ||
|procedural_history=Ms. Trudel demanded | |procedural_history=Ms. Trudel demanded | ||
*$250,000 in payment, | *$250,000 in payment, | ||
Line 30: | Line 30: | ||
|arguments=Greene's bankruptcy trustee objected to the woman's claims & filed an appeal. | |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. | |holding=No. Nominal payments & vague statements of consideration are insufficient to support a legally enforceable contract between parties. | ||
|judgment=Reversed | |||
|reasons=Judge Woolsey: A promise to pay a person for past co-habitation, or a non-marital sexual relationship, is void for lack of consideration. | |||
Judge Woolsey: Past romance cannot be regarded as consideration. Greene's [https://www.quimbee.com/keyterms/gratuitous-promise promise was gratuitous] & can't be legally enforced. | |||
Judge Woolsey: The legality of the adulterous affair in the 1920s had no bearing on the judge's opinion. | |||
|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 |
Latest revision as of 04:16, December 16, 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
August 1928
Greene's final payment to Trudel
late 1928
Greene becomes bankrupt
late 1928
Trudel files claim in the bankruptcy hearing
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.
Judgment
Reversed
Reasons
Judge Woolsey: A promise to pay a person for past co-habitation, or a non-marital sexual relationship, is void for lack of consideration.
Judge Woolsey: Past romance cannot be regarded as consideration. Greene's promise was gratuitous & can't be legally enforced.
Judge Woolsey: The legality of the adulterous affair in the 1920s had no bearing on the judge's opinion.