Harrington v. Taylor - Case Brief

CASE BRIEFING FORM Harrington v. Taylor Date of Case: 1945 Name of Court: Supreme Court of North Carolina Citation: 225 N.C. 690, 36 S.E.2d 227 (1945) Casebook page no. 310 Parties’ Identities/Description (How do identities frame/inform the controversy?) AT/P: Harrrington, friend of Taylor’s wife AE/D: Taylor, husband Procedural History (What has happened in the courts up to this point?) Plaintiff seeks to recover for defendant having made promise. Defendant demurred to the complaint as not stating a cause of action, and the demurrer was sustained. Plaintiff appealed. Key Facts (Short narrative of determinative facts and necessary contextual details.) Husband assaulted wife, and wife fled to plaintiff’s house. Husband broke into the house and began to assault the wife. The wife struck him down with an ax, and was about to kill him, when Harrington, the plaintiff, got in between them and the wife accidentally struck Harrington’s hand instead of her husband. The husband orally promised to pay Harrington for her injuries, and partially paid, but didn’t pay the rest. Issue(s) (Define the question(s)/dispute(s) before the court.) When a person prevents a serious injury to another and that person orally promises to pay that person for their injuries resulting from the act qualify, is that consideration? Summary of the Arguments (only essential points of each party’s argument.) Rule (What rule, definition or standard does this case stand for in that the court used it to solve the parties’ dispute?) Even though a person may have a moral obligation to do something, a voluntarily performed humanitarian act does not create consideration. Holding(s) (What is the court’s answer on the issue?) Held that this act, since it was voluntary and humanitarian, is not consideration, so defendant is under no obligation to pay the plaintiff. Court’s Reasoning (Summarize the court’s thinking, including not only the steps of court’s logic, but also the public policies the court intended to advance.) The act was voluntary. Judgment or Order (What did court do as a result of its holding?) Affirmed. Comments/Reflection (Did the court write any instructive dicta? Do you have questions or concerns about the decision? How does opinion relate to others?)