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Levi Wyman was 25 and on a return voyage from sea and was helped by Mills (P). On his return from a foreign country, he fell sick among strangers, and P acted the part of the good Samaritan, giving him shelter and comfort until he died. Wyman (D), Levi's father, then wrote a letter to P to pay all the expenses for the care of his son. There was no consideration for this promise except that between the son and D. D decided not to pay. P sued for the payments. The court directed a nonsuit because there was no consideration. P appealed.

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