Hamer v. Sidway

Hamer v. Sidway
CourtNew York Court of Appeals
Full case name Louisa W. Hamer, Appellant, v. Franklin Sidway, as Executor, etc., Respondent.
ArguedFebruary 24 1891
DecidedApril 14 1891
Citation124 N.Y. 538, 27 N.E. 256
Case history
Prior historyJudgment 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 judgeWilliam C. Ruger
Associate judgesCharles Andrews, Robert Earl, Francis M. Finch, John Clinton Gray, Albert Haight., Alton Parker, J., Rufus Wheeler Peckham, Jr., Denis O'Brien
Case opinions
MajorityAlton Parker, J., joined by unanimous

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.