Nine v. Starr
Oregon Supreme Court
Appeal from Multnomah County. This is an action to recover upon an express contract for the maintenance of the infant illegitimate son of the parties.
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Appeal from Multnomah County. This is an action to recover upon an express contract for the maintenance of the infant illegitimate son of the parties. The appellant alleges that in August, 1867, she gave birth, to an illegitimate child, of which the respondent is the natural father; that at that time and prior thereto the appellant and respondent cohabited together but were not married, and that they so continued until July, 1868, when she informed the respondent of her determination to withdraw from the unlawful association with him, which she then did; that thereupon he requested her to…
1Opinion of the Court
By the Court,
Boise, J.:
The first question arising on the demurrer in this action is as to the sufficiency of the allegations of the complaint to constitute a cause of action. The contract relied on is an agreement made by the alleged father of a bastard child with the mother, whereby he agreed to pay her for its maintenance. It is claimed by the respondent that this alleged agreement is without consideration and void, for the reason that the putative father of a bastard child is not legally bound to support it, but that this obligation legally devolves on the mother. We think that whatever…
2Cases cited1 opinion
- Cook v. BradleySupreme Court of Connecticut · 1828
3Cited by13 opinions
- Todd v. . WeberNew York Court of Appeals · 1884
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
- State v. FunkOregon Supreme Court · 1921
- Hoskins v. Powder Land & Irr. Co.Oregon Supreme Court · 1918
- Fox v. HohensheltCourt of Appeals of Oregon · 1974
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