Charles Lehman, the intestate, had been an intimate friend of Wolford (P), and a frequent visitor at his house. Lehman was a widower, about eighty-seven years of age; had been the father of one boy who had died many years before; only relatives were three aged sisters; and he spent a great part of his time at P's house. P had a male child as Lehman requested that it should be given the name of Charles Lehman Wolford; that if that name should be given it, he would make its welfare his chief object in life, 'and provide for it generously, and give it a good education.' P did name the child Charles Lehman. P and his wife cared for Lehman and accepted him as a member of their family. In September, 1878, Lehman proposed that he would, in fulfilment of his promise to provide generously for the education of his namesake and give him a start in life, and in consideration also of the services rendered to him by P and his wife, and naming his son after him, execute to him his note for $10,000, if P should pay him a sum of money for the express purpose of creating a legal consideration for the note, in case the other consideration should be insufficient in law. P paid Lehman $40. Lehman died and P brought suit to enforce the note against the estate, Powers (D). The court sustained a demurrer against the complaint.

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