Hamer v. Sidway
Hamer v. Sidway, 124 N.Y. 538, 27 N.E. 256 (N.Y. 1891), was a noted decision by the New York Court of Appeals (the highest court in the state), New York, United States. It is an important case in American contract law by establishing that forbearance of legal rights (voluntarily abstaining from one's legal rights) on promises of future benefit made by other parties can constitute valid consideration (the element of exchange generally needed to establish a contract's enforceability in common law systems), and, in addition, unilateral contracts (those that benefit only one party) were valid under New York law.
| Hamer v. Sidway | |
|---|---|
| Court | New York Court of Appeals |
| Full case name | Louisa W. Hamer, Appellant, v. Franklin Sidway, as Executor, etc., Respondent. |
| Argued | February 24 1891 |
| Decided | April 14 1891 |
| Citation(s) | 124 N.Y. 538, 27 N.E. 256 |
| Case history | |
| Prior history | Judgment for plaintiff, Supreme Court, July 1, 1890 |
| Holding | |
| Respondent's forbearance of legal rights on the promises of future benefit made by Petitioner could constitute valid consideration. | |
| Court membership | |
| Chief judge | William C. Ruger |
| Associate judges | Charles Andrews, Robert Earl, Francis M. Finch, John Clinton Gray, Albert Haight, Stewart F. Hancock, Jr., Alton Parker, J., Rufus Wheeler Peckham, Jr. |
| Case opinions | |
| Majority | Alton Parker, J., joined by unanimous |
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