Meredith v. Knox

Citations

• 10 Del. Ch. 45
• 83 A. 703
• 1912 Del. Ch. LEXIS 35

Syllabus

<p>A bond to compromise a prosecution for using a female under eighteen for sexual intercourse, which is a felony, is invalid.</p> <p>A bond given to the father of a woman for the payment of money, in consideration that bastardy charges should not be prosecuted against the obligor’s son for the maintenance of a child, of which the obligee’s daughter was pregnant, merely providing for the relinquishment of a claim for the maintenance of the child, if any, born within four months, and not for the abandonment of a charge of using the female under eighteen for sexual intercourse, was not against public policy, but was based on a sufficient consideration, and was enforceable, in the absence of fraud or conspiracy.</p> <p>Where bastardy proceedings had been instituted by the father of a woman against complainant’s son, and complainant, after having been afforded means of investigation, executed a bond to defendant to compromise the charge, on which judgment was subsequently entered, and it appeared that the woman had no knowledge of such proceedings, the fact that it subsequently appeared that complainant’s son was innocent of the charge, and that the woman denied his paternity of the child, was no ground for setting aside the judgment.</p> <p>A bond given to the father of a woman pregnant with child in compromise of a legal proceeding against the obligor’s son based on seduction by the son of the pregnant woman, is valid and the consideration therefor sufficient and not against public policy.</p>