Abshire v. Mather

Suit by Mary Mother and her husband against Abshire, on a promise of the latter to pay the appellee, Mary, one hundred dollars, in consideration that she would not sue him in bastardy and produce a disturbance in his family. A demurrer to the complaint was overruled, and this is the first error assigned. It is urged that no sufficient consideration is shown for the promise, and that the bringing of this suit is of itself a failure of the consideration. Neither of these positions can be maintained. The consideration was sufficient. Harter et al. v. Johnson, 16 Ind. 271. The suit is for a…