Collins v Godefroy (1831) 1 B & Ad 950; 109 ER 1040;
The plaintiff, Collins, was subpoenaed to attend and give evidence in court in support of a case initiated by Godefroy. To ensure that Collins appeared in court, Godefroy promised to pay Collins for each day he appeared in court. When Collins was not paid, he brought an action against Godefroy for the payment.
Whether or not Collins’ attendance of court was consideration for Godefroy’s promise to pay him.
Collins’ attendance of court was not consideration.
The court reasoned that Collins was already under a legal obligation to appear in court, and his appearance therefore cannot be consideration for the promise from Godefroy. Without Godefroy’s promise, Collins was already legally bound to attend court sessions.