Holcomb v. Stimpson
Supreme Court of Vermont
In this case defendant was sued upon a note of hand,- purporting-to be payable to plaintiff for twenty-six dollars, dated August IS, 1884 and to be due and payable on or before the 1st day of Jan*' uary A. D. 1835. The case was tried before a -justice of the' peace ; there was a judgment for defendant and it was appealed to this court.
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In this case defendant was sued upon a note of hand,- purporting-to be payable to plaintiff for twenty-six dollars, dated August IS, 1884 and to be due and payable on or before the 1st day of Jan*' uary A. D. 1835. The case was tried before a -justice of the' peace ; there was a judgment for defendant and it was appealed to this court. The defendant offered evidence to show that the note was given, together with the others, upon the plaintiff’s having, (upon a prosecution under the act relating to bastardy,) sworn that he was the father of a bastard child, begotten upon her body on the 20th…
1Opinion of the Court
The opinion of the court was delivered by
Redvield, J.
Two questions are made in this case. It is first urged that the compromise of a prosecution for charging defendant with the maintenance of a bastard child is not a good consideration for a promissory note, if in point of-face the defendant was not the father of the child.
1. It is said if the defendant was not the father of the child, it is to be presumed there had been previous cohabitation between the parties, which remains, the sole consideration for the note.— Previous or expected future cohabitation is of itself no legal consideration,…
2Cited by8 opinions
- Billingsley v. ClellandWest Virginia Supreme Court · 1895
- Brown v. MansurSupreme Court of New Hampshire · 1886
- McMahon v. SmithSupreme Court of Connecticut · 1879
- Meyer v. MeyerWisconsin Supreme Court · 1905
- McCloy's Admrx. v. WatkinsSupreme Court of Vermont · 1915
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