Page:Black's Law Dictionary (Second Edition).djvu/258

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CONSIDERATION 250 CONSIGNMENT  


promisor, is a good consideration for a promise Civ. Code Cal. 5 1605.

Any act of the plaintiff from which the defendant or a stranger derives a benefit or advantage, or any labor, detriment, or inconvenience sustained by the plaintiff, however small, if such act is performed or inconvenience suffered by the plaintiff by the consent, express or implied, or the defendant. 3 Scott. 230.

Considerations are classified and defined as follows:

They are either express or implied; the former when they are specifically stated in a deed, contract, or other instrument; the latter when inferred or supposed by the law from the acts or situation of the parties.

They are either executed or executory; the former being acts done or values given before or at the time of making the contract: the latter being promises to give or do something in future.

They are either good or valuable. A good consideration is such as is founded on natural duty and affection, or on a strong moral obligation. A valuable consideration is founded on money, or something convertible into money, or having a value in money, except marriage, which is a valuable consideration. Code Ga. 1852. § 2741. See Chit. Cont. 7.

A continuing consideration is one consisting in acts or performances which must necessarily extend over a considerable period of time.

Concurrent considerations are those which arise at the same time or where the promises are simultaneous.

Equitable or moral considerations are devoid of efficacy in point of strict law, but are founded upon a moral duty, and may be made the basis of an express promise.

A gratuitous consideration is one which is not rounded upon any such loss, injury, or inconvenience to the party to whom it moves as to make it valid in law.

Past consideration is an act done before the contract is made, and is really by itself no consideration for a promise. Anson, Cont. 82.

A nominal consideration is one bearing no relation to the real value of the contract or article, as where a parcel of land is described in a deed as being sold for "one dollar," no actual consideration passing, or the real consideration being concealed. This term is also sometimes used as descriptive of an inflated or exaggerated value placed upon property for the purpose of an exchange. Boyd v. Watson. 101 Iowa. 214, 70 N. W. 123.

A sufficient consideration is one deemed bythe law of sufficient value to support an ordinary contract between parties, or one sufficient to support the particular transaction. Gulson v. Dunlap, 73 Cal. 157, 14 Pac. 576.

For definition of an adequate consideration, see Adequate.

A legal consideration is one recognized or permitted by the law as valid and lawful; as distinguished from such as are illegal or immoral. The term is also sometimes used as equivalent to "good" or "sufficient" consideration. See Sampson v. Swift, 11 Vt. 315; Albert Lea College v. Brown, 88 Minn. 524, 93 N. W. 672, 60 L. R. A. 870.

A pecuniary consideration is a consideration for an act or forbearance which consists either in money presently passing or in money to be paid in tire future, including a promise to pay a debt in full which otherwise would he released or diminished by bankruptcy or insolvency proceedings. See Phelps v. Thomas, 6 Gray (Mass.) 328; In re Elings (D. C.) 6 Fed. 170.

CONSIDERATUM EST PER. CURIAM. (it is considered by the court.) The formal and ordinary commencement of a judgment. Baker v. State, 3 Ark. 491

CONSIDERATTIR. L. Lat. It is considered. Held to mean the sime with conaideraiimi est. 2 Strange, S74.

CONSIGN. In the civil law. To deposit rn the custodv or a third ilBl‘Sil'l.l a thing belonging to the deiitor, for the benefit of the creditor, under the authority of a court of justice. Poth. Obi. pt. 3, c. 1. art. 8.

In commercial law. To deliver goods to a carrier to be tiarisniitted to ri rlcsi;.'nate<i factor or agent. Poneil v. Wallace, -14 Kan G56, 25 Pine. 42: Sturm v Boker, 150 U S 312. 14 Snp. Ct 99, 37 L Ed. 1093; ide Mfg. Co. v. Sager Mfg. Co., 82 Ill. App. 685.

To deliver or transfer as B charge or trust} to commit. intrnst. give in trust: to transfer from oneself to the care of another; to send or transmit goods to a merchant or factor for

sale. Gillespie v. Wiubcrg, 4 Daiy (N. Y.) 320. CONSIGNATION. In Scotch law. The

paymeut of money into the hands of a tbird party, when the creditor refuses to accept of it. The person to whom the monev is given is termed the “consi.enatory." Bell.

In French law. A deposit which a debtor makes of the thing that he owes into the hands of a third person, and under the nuthority of a court of justice 1 Path. Obi. 536; Weld v. Hadley, 1 N. H. 304.

CONSIGNEE. In mercantile law. One to whom a consignment is made. The person to whom goods are shipped for sale. Lyon v. Aivord, 18 Conn. 80: Gillespie r. Winberg, 4 Daily (N. Y.) 320; Comm. v. Harris, 168 Pa. 619. 32 At]. 92; Railroad Co. v Freed. 38 Ark. 622.

CONSIGNMENT. The act or process of consigning goods; t re transportation of goods consigned; an article or collection of goods sent to a factor to be sold; goods or property

sent, by the aid of a common carrier, from