McFarland's Administrators v. Clark

The Chief Justice

delivered the Opinion of the Court.

This is is an action of assumpsit, in the name of Matilda McFarland Clark, an infant and illegitimate child, against the personal representatives of John McFarland, deceased, upon an alleged promise to her mother, Sena *135Clark, to secure and pay to the plaintiff, whenever requested by her mother, ten thousand dollars, in consideration of an agreement by the mother, to forbear proceeding against him as the putative father.

It is a general rule, that no new trial should be granted on the ground of a discovery of parol testimony relating only to a…