Swanson v. Griffin

Citations

• 68 Miss. 319

Syllabus

<p>1.. Contract. Consideration. Past illicit intercourse. Compromise.</p> <p>In an action upon a note giren to prevent legal proceedings against defendant for his admitted sexual intercourse with plaintiff’s infant unmarried daughter, whereby she became pregnant (afterwards giving birth to a child), it is no defense that the motive in giving the note was to have defendant’s conduct concealed from his family and church, and, the matter having become public, a failure of consideration intervened.</p> <p>2. Same. Defense. Previous unchaste character.</p> <p>Defendant’s liability on such note is not affected by proof of the unchastity of plaintiff’s daughter previous to defendant’s connection with her.</p> <p>3. Consideration. Compromise of doubtful claim. Burden of proof.</p> <p>It is sufficient consideration for a note that it was given in compromise of a doubtful claim, and in an action thereon it does not devolve on plaintiff to prove the validity of his original claim.</p>