Bunel v. O'Day

Citations

• 125 F. 303
• 1903 U.S. App. LEXIS 5095

Syllabus

<p>1. Compromise op Suit—Yaridity.</p> <p>A compromise of suit between imputed brother and sister, where the question of legitimacy of the sister is involved, because of its scandalous character is such a proper subject of domestic adjustment as to invite the favor of the court. If free from fraud, no matter how unjust the defendant may have regarded the charge, or what different result subsequent developments might probably produce, it should stand. The value consists in the release from an uncertain position, with its anxieties, from apparent danger, and from inevitable expenses and trouble. Such compromises are especially favored by the courts when of the nature of family settlements.</p> <p>2. Same—Duty op Counsel—Equitable Eeliep.</p> <p>While it is the duty of counsel acting as guardian ad litem for a defendant to advise with and safeguard his client as far as he can in the matter of a compromise agreement, yet when such client, on the approach of her majority, without the connivance or concurrence of her counsel, separates herself from him, and enters into a compromise agreement with her adversary brother, neither law nor the ethics of the profession require that her counsel should go out and hunt her up and thrust his advice upon her; and where at the time of the consummation of the compromise agreement, when she had attained her majority, he admonishes her of the effect of her act, and she nevertheless enters into such agreement, she has no claims upon a court of equity to interfere.</p> <p>8. Same—Adversary Counsel.</p> <p>The adversary counsel has a right to advise and assist his client to the most advantageous compromise in his behalf, provided he neither makes, nor causes to be made, to the adverse party, any false statement of fact, with a view of inducing such compromise in reliance upon the truth of such statement He has the right to deal with the adversary at arm’s length.</p> <p>4. Same—Undue Influence by the Mother.</p> <p>When one of the question