[1] On January 20, 1902, Count Oberto Gulinelli[b] of Italy married Blanche Schweizer, of Lincoln Square, Manhattan.

Joseph and Ernestine Teresa Schweizer, Blanche's parents, had signed documents providing a substantial dowry to the betrothed.

Blanche came to New York, where she asked for and received money from her father, which he later argued was an advance on the 1912 allowance.

[3] The plaintiff filed suit in the summer of 1913, naming both Joseph and Ernestine Schweizer as defendants, and requesting damages in the amount of $2500.

In a majority opinion by Judge Cardozo, the court held that there was a sufficient consideration for the promise; that although the promise was to the husband it was intended for the benefit of the daughter, and when it came to her knowledge she had a right to adopt and enforce it, and in doing so she made herself a party to the contract.