Court of Appeals of
246 N.Y. 369, 159 N.E. 173.
Facts:
Issue: Was the promise purely
gratuitous and thus unenforceable?
Rule: Courts will not enforce
purely gratuitous promises with some exceptions such as charitable
subscriptions.
Analysis: The court finds that naming
a fund after
Cardozo’s dicta suggests that promissory estoppel will
in the future be a ground for enforcing promises that is really part of
the theory of consideration.
Kellogg
dissents and says he didn’t find the consideration cited by Cardozo
to be valid.
Conclusion: The judgment of the lower
courts is reversed and a verdict is entered for the plaintiff.