May 17, 2014

Fiege v. Boehm - 210 Md. 352, 123 A.2d 316 (1956) - Court of Appeals of Maryland

FACTS: The defendant had sexual intercourse with the plaintiff. The plaintiff believed that the baby she had was his and threatened to charge him with bastardy if he did not pay support to her.  He later discovered that the baby was not his through blood tests.

Court overruled the demurrers filed by the defendant.

ISSUE: Did consideration exist if the baby was not his?

RATIONALE: When the woman and he entered into the contract she believed that the baby was his.  There was no intention on her part to rip him off. There was "an honest intention to prosecute litigation"... which he believed to be well founded."(59) 

Judgement affirmed, with costs.