30 Ind. 240 | Ind. | 1868
The facts shown by the complaint in this case were, that Wilson, the testator, for a valuable consideration, contracted with one Waymire (who was at the time prosecuted for bastardy by a daughter of Wilson) to maintain and support the bastard, which be afterwards failed to do. The child brought suit upon a penal bond of Wilson for one hundred and fifty dollars, which recites the facts and contains the agreement as stated above, acknowledges the receipt of seventy-five dollars “to support the child,” releases Waymire from any action or right of action in favor of Wilson against Waymire in consequence of the latter having begotten Wilson’s daughter with child, and concludes thus: “Now, if the said Wilson shall save the said Waymire harmless from all damages in supporting, maintaining, and educating said bastard child, from all suits that may be hereafter brought against him on account of bis having begotten a bastard child on tho body of Isabella Wilson, then the above obligation to be null and void; else, to be and remain in full force and virtue in law.”
The instrument is awkwardly framed, and was probably drawn by some one who had a slight knowledge of legal forms, and but little conception of their signification. It is contended that the very formal condition with which it closes confines the contract to the matters therein, and that Wilson could therefore be held only to indemnify Waymire
It remains to consider whether the plaintiff" the child, could maintain the suit, she not being a party to the contract. We have intimated that the agreement to maintain was for her benefit. It was so, unquestionably. Her putative father could derive no benefit from it. Ho would not be legally liable for her maintenance to those furnishing necessaries to her. His liability would only be for such judgment as might be rendered in a prosecution for bas
We think, for the foregoing reasons, that the court below erred in sustaining a demurrer to the complaint.
The judgment is reversed, with costs.