collins v godefroy . Case Summary evidence for Godefroy. Instead of going to court himself, Godefroy promised to pay Collins a certain amount if he attended court on behalf of Godefroy. Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. The case of Collins v Godefroy(1831) 1 B & Ad 950 is good authority for this principle. Godefrey had sued his attorney for malpractice and Collins was … Godefroy failed to pay, and Collins … Performance of an existing duty is no consideration. The promotion is valid for either 10% or 15% off any service. This policy is a legal obligation in exchange for Collins v Godefroy 1831) can be seen in Collins v Godefroy (1831), a similar effect. He obtained a subpoena against Collins to appear as a witness. Collins v Godefroy (1831) 1 B & Ad 950; 109 ER 1040. Godefroy promised Collins six guineas if he would attend court to testify on his behalf. Another case is Stilk v Myrick (1809) where sailors had a duty to sail the ship short-handed. See: Collins v Godefroy (1831) 109 ER 1040 | Student Law Notes - Online Case Studies, Legal Resources and Audio Summaries. Collins v Godefroy (1831) 1B. ... Law of Contract I (LAW 1210) Tutorial 3-4pm – Miss Khadijah Semester 1, 2010/2011 At his agreement, Collins was subpeonaed. This case (Collins v Godefroy [1831] 1 BAd 950) is the archemeta of cases where a duty imposed by law cannot be taken as Consideration to support a Contract. In Collins v Godefroy a subpoena 'd witness to whom the defendant promised a guinea per day as "attendance money could not enforce the agreement; the witness had an existing duty to attend and it would be contrary to public policy to permit such payments. Alliance Bank v Broom (1864) 2 Dr & Sm 289. Godefroy refused to pay and in his defence he claimed that there was no consideration moving from Collins as … Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. Godefroy then offered to pay Collins six guineas if he agreed to attend. & Ad.950 Facts: The defendant promised 6 guineas to the claimant if he gave evidence in court. Alliance Bank v Broom (1864) 2 Dr & Sm 289. The court held that the plaintiff was not entitled to recover because he was bound to give evidence once a subpoena had been issued Collins v Godefroy (1831) Exception: if you go beyond the duty required by the existing public duty, that may amount to valid consideration e.g. Reference this Godefroy promised him a guinea a day for his attendance. For instance, in the case of Collins v Godefroy (1831), a lawyer who attended court as a witness could not also contract to appear in court. Pao On v Lau Yiu Long [1980] AC614 6. Looking for a flexible role? Collins v Godefroy (1831) 1B. – Leading case in which promisee found to have carried out something additional to their public duty: Glasbrook Brothers v. Glasmorgan County Council (1925). Collins did not respond. Scotson and Pegg then agreed, at Pegg's request, that Scotson would deliver the coal which was on board his ship to Pegg in return for Pegg agreeing to unload the coal at the rate of forty-nine tons of coal per day. 0:43. Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of LawTeacher.net. Godefroy refused to … Assumpsit to recover remuneration for the plaintiff’s loss of time during his attendance upon … Afterwards the defendant promised to pay the plaintiff a fee of six guineas. Godefroy was keen to ensure that Collins attended as this would help his case, so he promised to pay him one guinea per day he was at court as compensation for the loss of his time. Collins sued for payment. The document also included supporting commentary from author Jonathan Herring. Collins, the present plaintiff, on the 2d of November (1829) demanded of Godefroy six guineas as his regular fee for attendance, and gave him notice that unless that sum was paid in the course of the next day, he should enforce payment of it. We also have a number of samples, each written to a specific grade, to illustrate the work delivered by our academic services. When this was not paid, he brought an action against the defendant for the sun owing. Ward v Byham [1956] ⇒ Performance of an existing contractual duty owed to the same promisor: This contract was not enforceable by virtue of the existing legal obligation the individual had to give evidence. 17th Jun 2019 Godefroy refused, arguing that there was no binding contract between them because: The High Court held in favour of Godefroy. Cannot be used in conjunction with other promotional codes. Citations: (1831) 1 Barnewall and Adolphus 950; 109 ER 1040. This case document summarizes the facts and decision in R v Collins [1973] QB 100, Court of Appeal. Void Agreements-Collins v Godefroy: In this case, the defendant, Godefroy, had received a subpoena to provide evidence in the court of law. Collins v Godefroy 1831 Godefroy promised Collins 6 guineas if he would attend court to testify on his behalf. 1.13.5. Void Agreements- Collins v Godefroy: In this case, the defendant, Godefroy, had received a subpoena to provide evidence in the court of law. At his agreement, Collins was subpeonaed. COLLINS V GODEFROY 1831CONSIDERATIONWAN ASMAQ FATIHAH BINTI WAN RAMLI (2019695756)CAST MUHAMMAD IZZUWAN BIN MOHAMAD (2019451586)AP 246 5BNUR SARAH FARZANA BINTI MUHAMMADDAROLLOCKMAN (2019467698)NUR HANIS IZZAH BINTI MOHD HANAPI (2019672198)Hi, I'm Hanis as GodefroyHi, I'm Sarah as CollinsHi, I'm AsmaqHi, I'm IzzuwanWe will look into the case of 'Collins v … that as Collins was under a legal duty to attend court he had not provided. Collins v Godefrey (1831) 1 B & Ad 950 King's Bench Division The claimant, Collins, had been subpoenaed to attend court as a witness in separate court case involving the defendant, Godefrey. When he tried to engorce the promised payment it was held that there was no binding agreement since he provided no consideration by simply doing his existind duty. Plaintiff : Collins Defendant : Godefroy Judges : Lord Tenterden CJ Court : Court of King’s Bench. Performance of an existing duty is no consideration. The starting point is Collins v Godefroy. Godefroy refused, arguing that there was no binding contract between them because: Collins had never accepted Godefroy’s offer; and; Collins was already legally bound to attend court. Collins then demanded that Godefroy pay him six guineas. Blackstone School of Law 7,367 views. The third party sold the coal to Pegg and instructed Scotson to deliver the coal to Pegg. Collins did not respond. Instead of going to court himself, Godefroy promised to pay Collins a certain amount if he attended court on behalf of Godefroy. Dunlop v. Selfridge (1915) • In other words, for promise (offer) to be legally binding, it must seek ... Collins v. Godefroy (1831). To qualify for the discount, you must have paid at least 50% of your order cost by 23:59 on Wednesday 3rd of December 2020 (UTC/GMT). If someone is under a public duty to do a particular task, then agreeing to do that task is not sufficient consideration for a contract. We are of opinion that the agreement was executed without consideration, and thus being a "nudum pactum," the suit founded upon it is unsustainable. Godefroy obtained a verdict, which the Court of Common Pleas afterwards set aside. 10MONDAY2020 can only be used on orders that are under 14 days delivery. Collins, who attended for six days but was not called, demanded from Godefroy six guineas as his fee for attending. Hartley v Ponsonby (1857) 119 ER 1471 Queen's Bench 12. Where the law imposes a public duty: In the case of Collins v Godefroy the plaintiff gave evidence at a civil trial after a subpoena had been issued to them. However, the plaintiff was subpoenaed, so was obliged by law to attend court. Collins v Godefroy (1831) 1 B & Ad 950 (KB) Collins was subpoenaed to give evidence in court. In-house law team. Scotson had entered into a contract with a third party for the sale and delivery of coal. Collins had been served with a subpoena (ie, a court. Collins v Godefroy (1831) - Duration: 0:43. The claimant was summond to court anyway, so … See: Collins v Godefroy (1831) 1 B & Ad 950. Under the contract Scotson agreed to deliver the coal to the third party or to anyone nominated by the third party. As such, Collins provided no consideration for the offer. Existing Public. See: Collins v Godefroy: KBD 1831. He attended court, but was ultimately not required to give evidence. Free resources to assist you with your legal studies! In that case, a contract was formed which promised payment to a witness to give evidence. In any case, Collins could not rely on the offer because he had failed to accept it. This was because the plaintiff was under a public duty to attend court anyway having been subpoenaed. Collins v Godefroy [1831] 109 ER 1040 9. Price v Easton 1833 7. Thus, in (Collins v Godefroy), the plaintiff has been subpoenaed to give an evidence on labour of the defendant’s case. Collins v Godefroy Godefroy brought a civil case, during the case Collins was subpoenaed to attend. Collins then demanded that Godefroy pay him six guineas. Godefroy refused to … Lord Tenterden said (at 956): ‘If it be a duty imposed by law upon a party regularly subpoenaed, to attend from time to time to give his evidence, then a promise to give him any remuneration for loss of time incurred in such attendance is a promise without consideration. This case (Collins v Godefroy [1831] 1 BAd 950) is the archemeta of cases where a duty imposed by law cannot be taken as Consideration to support a Contract. This applies to both contractual duties (Stilk v Myrrick [1809] EWHC KB J58; Roscorla v Thomas (1842) 3 QBR 234) and public duties (Collins v Godefroy (1831) 1 B & Ad 950). Collins V Godefroy [dvlr3zkvrxlz]. The law would not allow someone to recover expenses incurred in the performance of a duty that they were merely obliged to do anyway by law. See: Collins v Godefroy (1831) 1 B & Ad 950. He attended court, but was ultimately not required to give evidence. At his agreement, Collins was subpoenaed to give evidence. Collins did not respond. Consequently, the agreement was unenforceable. Godefroy refused, arguing that there was no binding contract between them because: Collins had never accepted Godefroy’s offer; and; Collins was already legally bound to attend court. Collins v Godefroy (1831) 109 ER 1040 This case considered the issue of consideration and whether or not a witness in a civil trial could enforce a promise to pay him for the time spent attending the trial. Collins was already legally bound to attend court. The defendant said he thought that it … – See e.g. The claimant was summond to court anyway, so … The court held that the agreement that the plaintiff’s should attend court was not supported by consideration. 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CASE REVIEW on COLLINS V GODEREY (1831) 1B & AD 950; 109 ER 1040 Plaintiff: Collins Defendant: Godefroy Judges: Lord Tenterden CJ Court: Court of King’s Bench Assumpsit to recover remuneration for the plaintiff’s loss of time during his attendance upon … Collins v Godefroy (1831) Godefroy promised to pay Collins if Collins would attend court and give. Stilk v Myrick (1809) King's Bench 11. Collins attended court for six days but was not called to give evidence. P was guven a subpoena but was also paid to give the evidence in court. If someone exceeds their public duty, then this may be valid consideration. Where the law imposes a public duty: In the case of Collins v Godefroy the plaintiff gave evidence at a civil trial after a subpoena had been issued to them. Collins v Godefroy 1831. A person cannot rely on a promise to perform their existing legal duties as consideration. If someone is under a public duty to do a particular task, then agreeing to do that task is not sufficient consideration for a contract. consideration. C did appear and D refused to pay. Scotson deliver… Facts: Godefroy, the defendant, brought an action against an attorney for negligence and caused Collins, the plaintiff, to be subpoenaed to attend and give evidence. Collins v Godefroy. To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! In Collins v Godefroy a subpoena 'd witness to whom the defendant promised a guinea per day as "attendance money could not enforce the agreement; the witness had an existing duty to attend and it would be contrary to public policy to permit such payments. 59 In this case, a promise had been made to pay a witness, who was under an order to attend the court, six guineas for his trouble. Orders placed without a payment will have the discount removed, but continue as normal. Godefroy promised Collins 6 guineas if he would attend court to testify on his behalf. Glasbrook Bros Ltd v Glamorgan County Council [1925] AC 270 House of Lords 10. Collins v Godefroy case facts C received subpoena to appear in court as a witness. Collins v Godefroy: KBD 1831. Existing public duty fulfilled is not consideration. At his agreement, Collins was subpoenaed to give evidence. Alliance Bank v Broom (1864) 2 Dr & Sm 289 8. in one respect the decision in collier wright ltd [2007], may be said to clarify the law on promissory estoppel, and it may be welcome from policy perspective. Performing a duty stated by the law is not valid consideration e.g. D promised to pay C if he did turn up in court. Promotion runs from 00:01am to 11:59pm (GMT/UTC) on the 30th November 2020. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Consideration cannot be a duty which currently exists. JUDGMENT Michael Westropp, C.J. Company Registration No: 4964706. Promises to perform existing legal duties cannot be consideration. We think that such a duty is imposed by law’. The defendant Godefroy was keen to ensure that the plaintiff shows up to give evidence, and therefore promised to pay him 1 Guinea per day. Registered Data Controller No: Z1821391. This was standard practice at the time. At the end of this Collins demanded payment of six guineas as per the agreement. Afterwards the defendant promised to pay the plaintiff a fee of six guineas. 1.13.5. Godefroy brought an action against a third-party. The law finds consideration to be insufficient consideration if the plaintiff performs a duty already owed. VAT Registration No: 842417633. After all, one might then contemplate paying witness not to appear! Collins, the present plaintiff, on the 2d of November (1829) demanded of Godefroy six guineas as his regular fee for attendance, and gave him notice that unless that sum was paid in the course of the next day, he should enforce payment on it. order telling someone they must attend). References: [1831] EWHC KB J18, [1831] 109 ER 1040, (1831) 1 B and Ad 950 Links: Bailii Coram: Lord Tenterden CJ Ratio: An attorney, who has attended on subpoena as a witness in a civil suit, cannot maintain an action against the party who subpoenaed him, for compensation for loss of time. Collins v Godefroy (1831) 1 B & Ad 950 Facts: The defendant promised the plaintiff six guineas to testify in court. Godefroy promised Collins six guineas if he would attend court to testify on his behalf. References: [1831] EWHC KB J18, [1831] 109 ER 1040, (1831) 1 B and Ad 950 Links: Bailii Coram: Lord Tenterden CJ Ratio: An attorney, who has attended on subpoena as a witness in a civil suit, cannot maintain an action against the party who subpoenaed him, for compensation for loss of time. It was held that this promise was unenforceable, because there was no consideration for it. 15MONDAY2020 can only be used on orders with a 14 day or longer delivery. CASE REVIEW on COLLINS V GODEREY (1831) 1B & AD 950; 109 ER 1040. It was held. Glasbrook Bros v Glamorgan County Council is the first major exception to the rule identified. This basic rule can be seen in operation in Collins v Godfrey 109 1040. He attended court, but was ultimately not required to give evidence. Collins then demanded that Godefroy pay him six guineas. Godefroy, the defendant, brought an action against an attorney for negligence and caused Collins, the plaintiff, to be subpoenaed to attend and give evidence. ... Carlill v Carbolic Smoke Ball Co | A Unilateral Contract - Duration: 1:55. 1. *You can also browse our support articles here >. Case Summary evidence for Godefroy. Instead of going to court himself, Godefroy promised to pay Collins a certain amount if he attended court on behalf of Godefroy. Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. The case of Collins v Godefroy(1831) 1 B & Ad 950 is good authority for this principle. Godefrey had sued his attorney for malpractice and Collins was … Godefroy failed to pay, and Collins … Performance of an existing duty is no consideration. The promotion is valid for either 10% or 15% off any service. This policy is a legal obligation in exchange for Collins v Godefroy 1831) can be seen in Collins v Godefroy (1831), a similar effect. He obtained a subpoena against Collins to appear as a witness. Collins v Godefroy (1831) 1 B & Ad 950; 109 ER 1040. Godefroy promised Collins six guineas if he would attend court to testify on his behalf. Another case is Stilk v Myrick (1809) where sailors had a duty to sail the ship short-handed. See: Collins v Godefroy (1831) 109 ER 1040 | Student Law Notes - Online Case Studies, Legal Resources and Audio Summaries. Collins v Godefroy (1831) 1B. ... Law of Contract I (LAW 1210) Tutorial 3-4pm – Miss Khadijah Semester 1, 2010/2011 At his agreement, Collins was subpeonaed. This case (Collins v Godefroy [1831] 1 BAd 950) is the archemeta of cases where a duty imposed by law cannot be taken as Consideration to support a Contract. In Collins v Godefroy a subpoena 'd witness to whom the defendant promised a guinea per day as "attendance money could not enforce the agreement; the witness had an existing duty to attend and it would be contrary to public policy to permit such payments. Alliance Bank v Broom (1864) 2 Dr & Sm 289. Godefroy refused to pay and in his defence he claimed that there was no consideration moving from Collins as … Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. Godefroy then offered to pay Collins six guineas if he agreed to attend. & Ad.950 Facts: The defendant promised 6 guineas to the claimant if he gave evidence in court. Alliance Bank v Broom (1864) 2 Dr & Sm 289. The court held that the plaintiff was not entitled to recover because he was bound to give evidence once a subpoena had been issued Collins v Godefroy (1831) Exception: if you go beyond the duty required by the existing public duty, that may amount to valid consideration e.g. Reference this Godefroy promised him a guinea a day for his attendance. For instance, in the case of Collins v Godefroy (1831), a lawyer who attended court as a witness could not also contract to appear in court. Pao On v Lau Yiu Long [1980] AC614 6. Looking for a flexible role? Collins v Godefroy (1831) 1B. – Leading case in which promisee found to have carried out something additional to their public duty: Glasbrook Brothers v. Glasmorgan County Council (1925). Collins did not respond. Scotson and Pegg then agreed, at Pegg's request, that Scotson would deliver the coal which was on board his ship to Pegg in return for Pegg agreeing to unload the coal at the rate of forty-nine tons of coal per day. 0:43. Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of LawTeacher.net. Godefroy refused to … Assumpsit to recover remuneration for the plaintiff’s loss of time during his attendance upon … Afterwards the defendant promised to pay the plaintiff a fee of six guineas. Godefroy was keen to ensure that Collins attended as this would help his case, so he promised to pay him one guinea per day he was at court as compensation for the loss of his time. Collins sued for payment. The document also included supporting commentary from author Jonathan Herring. Collins, the present plaintiff, on the 2d of November (1829) demanded of Godefroy six guineas as his regular fee for attendance, and gave him notice that unless that sum was paid in the course of the next day, he should enforce payment of it. We also have a number of samples, each written to a specific grade, to illustrate the work delivered by our academic services. When this was not paid, he brought an action against the defendant for the sun owing. Ward v Byham [1956] ⇒ Performance of an existing contractual duty owed to the same promisor: This contract was not enforceable by virtue of the existing legal obligation the individual had to give evidence. 17th Jun 2019 Godefroy refused, arguing that there was no binding contract between them because: The High Court held in favour of Godefroy. Cannot be used in conjunction with other promotional codes. Citations: (1831) 1 Barnewall and Adolphus 950; 109 ER 1040. This case document summarizes the facts and decision in R v Collins [1973] QB 100, Court of Appeal. Void Agreements-Collins v Godefroy: In this case, the defendant, Godefroy, had received a subpoena to provide evidence in the court of law. Collins v Godefroy 1831 Godefroy promised Collins 6 guineas if he would attend court to testify on his behalf. 1.13.5. Void Agreements- Collins v Godefroy: In this case, the defendant, Godefroy, had received a subpoena to provide evidence in the court of law. At his agreement, Collins was subpeonaed. COLLINS V GODEFROY 1831CONSIDERATIONWAN ASMAQ FATIHAH BINTI WAN RAMLI (2019695756)CAST MUHAMMAD IZZUWAN BIN MOHAMAD (2019451586)AP 246 5BNUR SARAH FARZANA BINTI MUHAMMADDAROLLOCKMAN (2019467698)NUR HANIS IZZAH BINTI MOHD HANAPI (2019672198)Hi, I'm Hanis as GodefroyHi, I'm Sarah as CollinsHi, I'm AsmaqHi, I'm IzzuwanWe will look into the case of 'Collins v … that as Collins was under a legal duty to attend court he had not provided. Collins v Godefrey (1831) 1 B & Ad 950 King's Bench Division The claimant, Collins, had been subpoenaed to attend court as a witness in separate court case involving the defendant, Godefrey. When he tried to engorce the promised payment it was held that there was no binding agreement since he provided no consideration by simply doing his existind duty. Plaintiff : Collins Defendant : Godefroy Judges : Lord Tenterden CJ Court : Court of King’s Bench. Performance of an existing duty is no consideration. The starting point is Collins v Godefroy. Godefroy refused, arguing that there was no binding contract between them because: Collins had never accepted Godefroy’s offer; and; Collins was already legally bound to attend court. Collins then demanded that Godefroy pay him six guineas. Blackstone School of Law 7,367 views. The third party sold the coal to Pegg and instructed Scotson to deliver the coal to Pegg. Collins did not respond. Instead of going to court himself, Godefroy promised to pay Collins a certain amount if he attended court on behalf of Godefroy. Dunlop v. Selfridge (1915) • In other words, for promise (offer) to be legally binding, it must seek ... Collins v. Godefroy (1831). To qualify for the discount, you must have paid at least 50% of your order cost by 23:59 on Wednesday 3rd of December 2020 (UTC/GMT). If someone is under a public duty to do a particular task, then agreeing to do that task is not sufficient consideration for a contract. We are of opinion that the agreement was executed without consideration, and thus being a "nudum pactum," the suit founded upon it is unsustainable. Godefroy obtained a verdict, which the Court of Common Pleas afterwards set aside. 10MONDAY2020 can only be used on orders that are under 14 days delivery. Collins, who attended for six days but was not called, demanded from Godefroy six guineas as his fee for attending. Hartley v Ponsonby (1857) 119 ER 1471 Queen's Bench 12. Where the law imposes a public duty: In the case of Collins v Godefroy the plaintiff gave evidence at a civil trial after a subpoena had been issued to them. However, the plaintiff was subpoenaed, so was obliged by law to attend court. Collins v Godefroy (1831) 1 B & Ad 950 (KB) Collins was subpoenaed to give evidence in court. In-house law team. Scotson had entered into a contract with a third party for the sale and delivery of coal. Collins had been served with a subpoena (ie, a court. Collins v Godefroy (1831) - Duration: 0:43. The claimant was summond to court anyway, so … See: Collins v Godefroy (1831) 1 B & Ad 950. Under the contract Scotson agreed to deliver the coal to the third party or to anyone nominated by the third party. As such, Collins provided no consideration for the offer. Existing Public. See: Collins v Godefroy: KBD 1831. He attended court, but was ultimately not required to give evidence. Free resources to assist you with your legal studies! In that case, a contract was formed which promised payment to a witness to give evidence. In any case, Collins could not rely on the offer because he had failed to accept it. This was because the plaintiff was under a public duty to attend court anyway having been subpoenaed. Collins v Godefroy [1831] 109 ER 1040 9. Price v Easton 1833 7. Thus, in (Collins v Godefroy), the plaintiff has been subpoenaed to give an evidence on labour of the defendant’s case. Collins v Godefroy Godefroy brought a civil case, during the case Collins was subpoenaed to attend. Collins then demanded that Godefroy pay him six guineas. Godefroy refused to … Lord Tenterden said (at 956): ‘If it be a duty imposed by law upon a party regularly subpoenaed, to attend from time to time to give his evidence, then a promise to give him any remuneration for loss of time incurred in such attendance is a promise without consideration. This case (Collins v Godefroy [1831] 1 BAd 950) is the archemeta of cases where a duty imposed by law cannot be taken as Consideration to support a Contract. This applies to both contractual duties (Stilk v Myrrick [1809] EWHC KB J58; Roscorla v Thomas (1842) 3 QBR 234) and public duties (Collins v Godefroy (1831) 1 B & Ad 950). Collins V Godefroy [dvlr3zkvrxlz]. The law would not allow someone to recover expenses incurred in the performance of a duty that they were merely obliged to do anyway by law. See: Collins v Godefroy (1831) 1 B & Ad 950. He attended court, but was ultimately not required to give evidence. At his agreement, Collins was subpoenaed to give evidence. Collins did not respond. Consequently, the agreement was unenforceable. Godefroy refused, arguing that there was no binding contract between them because: Collins had never accepted Godefroy’s offer; and; Collins was already legally bound to attend court. Collins v Godefroy (1831) 109 ER 1040 This case considered the issue of consideration and whether or not a witness in a civil trial could enforce a promise to pay him for the time spent attending the trial. Collins was already legally bound to attend court. The defendant said he thought that it … – See e.g. The claimant was summond to court anyway, so … The court held that the agreement that the plaintiff’s should attend court was not supported by consideration. 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