In the case of Thornton v. Wynn, the Supreme Court was asked to decide whether a contract between two parties could be enforced when it had been made without consideration. The plaintiff in error argued that he and the defendant had entered into an agreement for him to pay off a debt owed by her deceased husband, but that no consideration had been given for this promise. The court held that although there was no consideration present at the time of making the agreement, it still constituted a valid contract because both parties were acting in good faith and with mutual understanding of their obligations under it. This decision established an important precedent regarding contracts without consideration: they are enforceable if all other elements necessary for forming a binding contract are present.

In Thornton v. Wynn, the Supreme Court was tasked with determining whether a deed of trust executed by an individual in favor of another could be enforced against the assignee of that individual's estate after his death. The majority opinion held that such a deed was not enforceable because it had been made without consideration and did not fall within any exceptions to the Statute of Frauds. However, Justice Story dissented from this opinion on two grounds: firstly, he argued that there were sufficient facts presented to support an inference that consideration had been given for the deed; secondly, he argued even if no consideration had been given for it, equity should still allow enforcement as long as all parties involved acted in good faith and relied upon its validity. Ultimately Justice Story concluded that since both parties here appeared to have done so in good faith and relied upon its validity at least until they became aware of their dispute over ownership rights due to conflicting claims between them - then justice would require enforcing it according to its terms despite lack of formal considerations being present when originally executed.