51 Ind. App. 632 | Ind. Ct. App. | 1912
— This action was brought by appellee, by her next friend, against appellants on two of a series of promissory notes, amounting in the aggregate to $950, executed
The contract is set out as a part of this paragraph of answer, and - recites that the case of State of Indiana, ex rel., Anna Eastridge, v. James TI. Tucker is compromised and settled, and is to be dismissed on the terms hereinbefore set out, the dismissal to be at the defendant’s costs, and the sum of $1,000 to be in full and complete satisfaction for the maintenance and support of relatrix’s unborn child, and to be in full satisfaction of all claims and differences between said parties; that James A. Eastridge and Anna Eastridge agree never to bring, nor to aid in bringing, nor allow to be brought, any further criminal or civil proceedings against said James H. Tucker; that in case of the violation of any of the conditions of this agreement, it and the notes are to become null and void.
In the second paragraph of answer it is averred that the notes sued on were executed without any valid or valuable consideration whatever.
The third paragraph is essentially the same as the first, with the additional averment that plaintiff, Anna Eastridge, by and with the consent and procurement of her father and next friend herein, after the execution of the contract, filed her affidavits before the clerk of the Crawford Circuit Court, and procured the arrest of defendant, James TI. Tucker, on the charges of incest and criminal seduction, and that by the terms of the contract the consideration of said notes has wholly failed.
The third paragraph,, of plaintiff’s reply to the second paragraph of defendant, James H. Tucker’s, answer, avers that on June 29, 1907, the date of the settlement, plaintiff was a minor child of the age of fifteen years. After reciting many details leading up to the settlement, it is averred that plaintiff was willing to settle, and for that purpose and that alone acknowledged before the justice of the peace that provision for the support and maintenance of her child had been made to her satisfaction, and signed such admission on the docket of said justice; that on the same day she signed another paper, prepared by the attorney for defendant, James H. Tucker, which she believes is the same paper set out in the third paragraph of answer; that at the time she signed said paper she was a child less than fifteen years and two months of age; that she had no understanding or knowledge of business, legal forms or terms, but wrote her name to said paper, under the belief that it was a compromise and settlement of the proceeding for the support and maintenance of her illegitimate child, and that she understood such paper to be for that purpose.
The fourth paragraph of plaintiff’s reply to the second
• The court overruled said defendants’ demurrers to the second, third and fourth paragraphs of reply. These rulings, together with the overruling of his motion for a new trial constitutes the errors assigned and relied on for reversal.
The obvious purpose of the several paragraphs of answer was to aver facts showing that the notes in suit and other notes executed at the same time were not enforceable on account of being bottomed in part on an unlawful consideration, namely, the compromise of criminal actions and the suppression of the criminal prosecution of appellant, James H. Tucker, who was the uncle, by marriage, of appellee.
Other specifications of error are set out in the motion for a new trial, and argued at length by appellants. But we fail to find cause for reversal in any of them. We have carefully examined the evidence, and are satisfied that the ease was fairly tried, and that a proper and just verdict was returned. The defense interposed against appellee’s action on her notes is not one that would commend itself to the favorable consideration of any fair-minded court or jury. It is, however, only just to say that no one of counsel appearing in this action was in any way connected with the proceedings before the justice of the peace, or with the alleged compromise contract.
Finding no reversible error in the record, the judgment is affirmed.
Note. — Reported in 100 N. E. 113. See, also-, under (1) 31 Oyc. 358; (2) 8 Cye. 193; (3) 22 Oyc. 613; 26 R. R. A. 177; 42 R. Ed. IT. S. 326; 18 Am. St. 662; (4, 6) 29 Oyc. 949; (5) 38 Oyc. 1724; (7) 22 Cyc. 580; (8) 38 Oyc. 1507. On the avoidance of acts and contracts of infants see 9 R. Ed. ü. S. 345 ; 41 R. Ed. U. S. 760.