Thorne v. Deas

New York Court for the Correction of Errors

4 Johns. (N.Y.) 84 (1809)

Relevant factsFree

Thorne (plaintiff) and Deas (defendant) jointly owned a boat, and Deas gratuitously promised Thorne he would obtain insurance on it; Deas never did so, and the boat wrecked on its next voyage. Thorne sued Deas in negligence for his nonfeasance in failing to purchase the promised insurance, and a jury found for Thorne.

IssueFree

Whether a person is liable for wholly omitting to fulfill a gratuitous promise.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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