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Free Books / Society / Law / Contracts and Agency | Popular Law / | ![]() |
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Section 40. Marriage |
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This section is from the book "Popular Law Library Vol3 Contracts Agency", by Albert H. Putney. Also see: Popular Law-Dictionary.
Marriage is a sufficient consideration to support a promise on account of the change which it makes in the relations of the parties. In some of the cases, the courts even say that it is one of the best considerations known to the law.25 In order, however, for the agreement to marry to support the collateral promise, it must be made at the time of the promise to marry and in consideration therefor. If after the mutual promises to marry have been made, a collateral promise is made on one side, with nothing new from the other, the collateral promise will not be binding.26 A release from a contract to marry is a valuable consideration.27 A settlement of property by a man upon a woman in consideration of marriage is valid even against creditors, if she was not a party to such fraud upon the creditors.28 Marriage is a good consideration for a promise made to one of the parties by a third party.29
22 Higert vs. Ashbury University, 53 Ind., 326. (Which decision gives a record of the cases on this point).
23 Friedline vs. Bond, 23 I11. App., 494; Underwood vs. Waldron, 12 Mich., 73; Barnes vs. Per-rine, 12 N. Y., 18; Grand Lodge vs. Farnham, 70 Cal., 158; 11
Pac. Rep., 592. 24 Consult Statute of Particular State. 25 Wright vs. Wright, 54 N. Y., 437. 26 Raymond vs. Sellick, 10 Conn., 480-483. 27 Snell vs. Bray, 56 Wis., 156.
 
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