Mills v. Wyman
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| Mills v. Wyman | |
| Court | Massachusetts Supreme Judicial Court |
|---|---|
| Citation | 20 Mass. (3 Pick.) 207 (1825) |
| Date decided | 1825 |
Facts
The plaintiff took care of the defendant’s son. The son was 25 years old, and no longer officially apart of the defendant’s family, because he had moved out and was of age and on his own. He had returned from a sea voyage, and became very ill.
The plaintiff took him into their home, and took care of him until he died. The son’s parents then wrote a note to the plaintiff, promising to pay them back for their expenses in taking care of their son.Procedural History
Trial court directed to non-suit, to which the plaintiff filed exceptions.
Issues
Whether legally binding consideration exists when a promise is made with a moral intent, but no other actual consideration exists.
Holding/Decision
Judgment entered for the defendant.
Reasoning
The general position that moral obligation is a sufficient consideration for an express promise, is to be limited in its application, to cases where at some time or other a good or valuable consideration has existed.
