82 N.Y. 503, Pierson v. Morch

Citation82 N.Y. 503
Party NameALICE PIERSON, Respondent, v. JACOB MORCH, Appellant.
Case DateNovember 09, 1880
CourtNew York Court of Appeals

Page 503

82 N.Y. 503

ALICE PIERSON, Respondent,

v.

JACOB MORCH, Appellant.

New York Court of Appeal

November 9, 1880

Argued Oct. 15, 1880.

Page 504

COUNSEL

A. H. Dailey for appellant. There was no valid consideration for the promised reward upon which defendant could be held. ( Fitch v. Snedaker, 38 N.Y. 248.)

C. L. Lyon for respondent. One who offers a specified reward for the recovery of lost property is bound to pay it on the return of the property pursuant to the offer. ( Grady v. Crook, 2 Abb. [ N. S.] 53.) Defendant having waived full performance of the condition contained in the published notice offering the reward, promised to, and did accept part performance. To support this waiver and subsequent or new promise, no new consideration is necessary or required. ( Prentice v. Knickerbocker Ins. Co., 77 N.Y. 483.)

DANFORTH, J.

The publication of an advertisement offering a reward for information respecting a loss, or the return of lost property, is a general offer, and the acceptance of it by any person who is able to give the information asked, or to return the property, creates a valid contract. This was substantially the offer in this case, although the exact promise is, that "the finder will receive the reward by leaving or sending his address" to the owner of the property described, at either one of two places named; but there seems to have been a compliance even with this condition, for the plaintiff says, she "sent for Mr. Morch to his house on Sunday evening, about ten o'clock,

Page 505

and in response to that message, he came and received the package." As to this there is no dispute. But, whether the plaintiff brought herself within its terms was a question for the jury, and the answer given by their verdict cannot be reviewed here. It was, however, made the subject of comment during the trial, that when the package was returned to the defendant, it did not contain all the property described. At first earrings, and then a ring, were declared to be missing. At the close of the plaintiff's case, the defendant's counsel moved to dismiss the complaint upon the grounds: First, that there was no valid consideration for the promise made by the defendant for the return of the property; and, second, that it was made upon the presumption that he was to get back his property. This motion being denied at the close of the defendant's case, it was...

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13 practice notes
  • 58 P. 685 (Utah 1899), McLaughlin v. Kimball
    • United States
    • Utah Supreme Court of Utah
    • September 29, 1899
    ...of the stockholder is not an asset of the corporation. Hicks v. Burns, 38 N.H. 145; Jacobson v. Allen, 12 F. 454; Pierson v. Morch, 82 N.Y. 503. The authorities, so far as we know, with but two exceptions, hold that the statutory liability of a stockholder is not an asset of the corporation......
  • 137 N.W. 769 (Wis. 1912), Zwolanek v. Baker Mfg. Co.
    • United States
    • Wisconsin Supreme Court of Wisconsin
    • October 8, 1912
    ...the offerer, and not a consummated contract. Haskell v. Davidson, 91 Me. 488, 40 A. 330; Janvrin v. Exeter, 48 N.H. 83; Pierson v. Morch, 82 N.Y. 503; Cummings v. Gann, 52 Pa. 484; Wilson v. [150 Wis. 523] Stump, 103 Cal. 255, 37 P. 151; Williams v. West Chicago St. R. Co. 191 Ill. 610, 61 ......
  • 260 N.Y. 294, Weinberger v. Van Hessen
    • United States
    • New York New York Court of Appeals
    • November 22, 1932
    ...benefit of a third party. (Winne v. Winne, 166 N.Y. 263; Healy v. Healy, 31 Misc. 636; The Rector v. Teed, 120 N.Y. 583; Pierson v. March, 82 N.Y. 503; Jones v. Phoenix Bank, 8 N.Y. 228; Williams v. Cowardine, 4 Barn. & Ald. 621; Ryer v. Storkwell, 14 Cal. 134; Freeman v. City of Boston......
  • 95 N.Y. 181, Todd v. Weber
    • United States
    • New York New York Court of Appeals
    • February 26, 1884
    ...by a competent party, such performance by the promisee makes a binding contract and renders the promise obligatory. (Pierson v. March, 82 N.Y. 503; Jones v. Phoenix B'k, 8 Id. 228; Williams v. Cowardine, 4 B. & A. 621; Assizes, 5 C. & P. 566; Ryer v. Stockwell, 14 Cal. 134; Loring v......
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13 cases
  • 58 P. 685 (Utah 1899), McLaughlin v. Kimball
    • United States
    • Utah Supreme Court of Utah
    • September 29, 1899
    ...of the stockholder is not an asset of the corporation. Hicks v. Burns, 38 N.H. 145; Jacobson v. Allen, 12 F. 454; Pierson v. Morch, 82 N.Y. 503. The authorities, so far as we know, with but two exceptions, hold that the statutory liability of a stockholder is not an asset of the corporation......
  • 137 N.W. 769 (Wis. 1912), Zwolanek v. Baker Mfg. Co.
    • United States
    • Wisconsin Supreme Court of Wisconsin
    • October 8, 1912
    ...the offerer, and not a consummated contract. Haskell v. Davidson, 91 Me. 488, 40 A. 330; Janvrin v. Exeter, 48 N.H. 83; Pierson v. Morch, 82 N.Y. 503; Cummings v. Gann, 52 Pa. 484; Wilson v. [150 Wis. 523] Stump, 103 Cal. 255, 37 P. 151; Williams v. West Chicago St. R. Co. 191 Ill. 610, 61 ......
  • 260 N.Y. 294, Weinberger v. Van Hessen
    • United States
    • New York New York Court of Appeals
    • November 22, 1932
    ...benefit of a third party. (Winne v. Winne, 166 N.Y. 263; Healy v. Healy, 31 Misc. 636; The Rector v. Teed, 120 N.Y. 583; Pierson v. March, 82 N.Y. 503; Jones v. Phoenix Bank, 8 N.Y. 228; Williams v. Cowardine, 4 Barn. & Ald. 621; Ryer v. Storkwell, 14 Cal. 134; Freeman v. City of Boston......
  • 95 N.Y. 181, Todd v. Weber
    • United States
    • New York New York Court of Appeals
    • February 26, 1884
    ...by a competent party, such performance by the promisee makes a binding contract and renders the promise obligatory. (Pierson v. March, 82 N.Y. 503; Jones v. Phoenix B'k, 8 Id. 228; Williams v. Cowardine, 4 B. & A. 621; Assizes, 5 C. & P. 566; Ryer v. Stockwell, 14 Cal. 134; Loring v......
  • Request a trial to view additional results