Lawrence v. Fox

20 N.Y. 268 (1859)

Facts

Holly loaned $300 to Fox (D) for D's promise to pay the money to Lawrence (P) and satisfy Holly's debts to P. D did not pay P the next day as promised. P sued D for breach of D's promise to Holly. D moved for a nonsuit alleging that the agreement was between D and Holly and that agreement was void for want of consideration and there was no privity of contract between, P and D. The motion was overruled and the case was submitted to the jury. P was awarded damages. The judgment was affirmed at the Superior Court. D appealed.