Newman & Snell's State Bank v. Hunter

Michigan Supreme Court
59 A.L.R. 311, 243 Mich. 331, 220 N.W. 665 (1928)
ELI5:

Rule of Law:

The surrender of a promissory note that is demonstrably worthless, because it is a claim against a deceased person's insolvent estate, does not constitute sufficient consideration to support a new promissory note from a third party.


Facts:

  • Lee C. Hunter died intestate (without a will) on January 25, 1926.
  • At his death, Hunter owed Newman & Snell's State Bank $3,700 on a promissory note, secured by 50 shares of Hunter Company stock.
  • Hunter's estate was insolvent, lacking sufficient assets to pay his debts, funeral expenses, or the statutory widow's allowance.
  • The Hunter Company was also insolvent, rendering its stock, held by the bank as collateral, worthless.
  • On March 1, 1926, Hunter's widow (the defendant) gave her own promissory note to the bank.
  • In exchange for her note, the bank surrendered Lee C. Hunter's original, worthless note to her.
  • The bank retained the worthless Hunter Company stock as collateral for the widow's new note.

Procedural Posture:

  • Newman & Snell's State Bank sued Mrs. Hunter in a trial court to enforce the promissory note she had signed.
  • Mrs. Hunter defended against the lawsuit by arguing her note was unenforceable for 'want of consideration.'
  • The trial court entered a judgment in favor of the plaintiff bank.
  • The defendant, Mrs. Hunter, appealed the judgment to the Supreme Court of Michigan.

Locked

Premium Content

Subscribe to Lexplug to view the complete brief

You're viewing a preview with Rule of Law, Facts, and Procedural Posture

Issue:

Does the surrender of a worthless promissory note from an insolvent estate constitute sufficient consideration to support a new promissory note given by the deceased's widow?


Opinions:

Majority - Fellows, J.

No. The surrender of a worthless promissory note from an insolvent estate does not constitute sufficient consideration to support a new promissory note. For a promise to be enforceable, it must be supported by consideration, which requires a benefit to the promisor or a detriment to the promisee. In this case, when the plaintiff bank surrendered the deceased husband's note, it parted with a 'worthless piece of paper' and suffered no legal detriment or inconvenience. Correspondingly, the defendant widow received nothing of value. The transaction lacked the bargained-for exchange necessary for consideration, as the bank gave up nothing and the widow gained nothing. The argument that the bank waived a valuable right to administer the estate fails because the estate had no assets, making the right valueless. Therefore, the widow's note is unenforceable for want of consideration.



Analysis:

This case provides a clear application of the fundamental doctrine of consideration, emphasizing that a purported detriment or benefit must have some actual or potential legal value. The court rejects the idea that the mere surrender of a piece of paper, representing a claim known to be uncollectible, can form the basis of a contract. This decision reinforces the bargain theory of consideration and stands for the principle that courts will look past the form of a transaction to its substance. It serves as a precedent against enforcing promises that are essentially gratuitous, even if they are framed as a settlement of a pre-existing, but worthless, debt.

🤖 Gunnerbot:
Query Newman & Snell's State Bank v. Hunter (1928) directly. You can ask questions about any aspect of the case. If it's in the case, Gunnerbot will know.
Locked
Subscribe to Lexplug to chat with the Gunnerbot about this case.