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Does a Pre-Existing Duty Defeat Consideration?, 27 Yale Law Journal 362 (1918)


The problem of Shadwell v. Shadwelll has recently come before the New York Court of Appeals in the case of Attilio De Cicco v. Schweizer. The facts of the two cases have much similarity. In the New York case a written document was prepared containing the following:

"Whereas, Miss Blanche Schweizer, daughter of Joseph Schweizer . . . is now affianced to and is to be married to Count Oberto Gulinelli. Now, in consideration of all that is herein set forth, the said Joseph Schweizer promise.. . to pay apnually to his said daughter Blanche. . the sum of two thousand five hundred dollars."

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