Mae v. Locke, Appellant, v. Winfield P. Pembroke, Respondent

Summary

The New York Court of Appeals affirmed the Special Term’s denial of the defendant’s motion to dismiss, holding that the plaintiff’s complaint sufficiently states a cause of action and that the court will not decide the adequacy of consideration at the pleading stage. The Court reversed the Appellate Division’s dismissal and noted that the statute of limitations is a pleading defense and may be tolled, so the barred tort claim may still serve as consideration pending further proof. Justice Rippey dissented, arguing the agreement lacks consideration and should be dismissed.