Tweddle v. Atkinson Tweddle v. Atkinson (the marriage settlement case)
(1861) 1 B & S 393; 121 ER 762 · Court of Queen's Bench (England) · 1861
Facts
On the marriage of William Tweddle to the daughter of William Guy, the two fathers agreed in writing that each would pay a sum of money to the young husband, and that he should have power to sue either of them for the sums. Guy died without paying. Tweddle sued Guy's executor, Atkinson, for the promised amount.
Held
The Queen's Bench gave judgment for the executor. Wightman J said it was established that no stranger to the consideration can take advantage of a contract although made for his benefit. Crompton J observed that natural love and affection was not sufficient consideration and that a stranger who gives nothing cannot sue, even though the contract names him. The promise was unenforceable at his suit.
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