Miller v. Hawker

Citations

• 66 Ill. 185

Syllabus

<p>1. Consideration—settlement of right of action growing out of a tort. Where the holder of a note secured by a deed of trust surrendered the same' to effect a settlement of an alleged assault upon the person of the wife of the grantor in the deed of trust by the party holding the same, and received from the wife and her husband a release of all private right of action for the assault, there being no proof to show that the cause of action so settled was unfounded: Held, that the compromise and settlement of the cause of action was a sufficient consideration for the surrender of the deed of trust and note.</p> <p>2. If the compromise had been effected to compound a criminal offense, the law would give no aid to either party, but the parties had the right to settle the private right of action, notwithstanding the act complained of was also criminal.</p> <p>3. The waiver of any legal right, although it may be founded upon a tort, at the request of another, has always been deemed a sufficient consideration for a promise.</p> <p>4. Even a compromise of a doubtful right, fairly obtained, is a good consideration on which to found a contract, and it does not matter what the ultimate result might have been. A threat to sue by one who honestly believes he has a good cause of action, will support an agreement fairly made for the avoidance of the suit.</p>