Hamer v. Sidway, Court of Appeals of NY, 1891 Is the OR bound if the consideration does not benefit him? Issue Reasoning It doesn’t matter that OR did not directly benefit or that OEE benefited, as long as something was promised, done, forborne, or suffered by the party to whom the promise is made as consideration for the promise made to him. The courts don’t care, and won’t inquire, whether there was benefit to the OR. Rule A waiver of any legal right At the request of another party Facts (2) if he did smoke, drink, gamble until the age of 21, (1) William E. Story Sr. promised his nephew that Is a sufficient consideration for a promise. (3) the uncle would give him $5K. (4) the uncle said he’ll make good on the promise but died before he did. The executor refused to pay. Held Procedure P argues D argues Reversed Action brought by Hamer (who the heck is that?? Must be someone II transferred the claim to – or someone that he lost to in a billiards game) against the executor. Court found for D. P appeals. I sacrificed and not done which I had the legal right to do so that I can collect the money. There no valid K here. William Sr. did not benefit at all from his nephew’s promise. Unless the OR was benefited, the K was without consideration.