Forester v. Scott

311 N.E.2d 27 (1973)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In 1961, while Virginia (Forester) Cockrell was married to Perry Forester, she gave birth to P. Just prior to the child's birth, D entered into what may be described as a third-party beneficiary contract with Virginia. It provided that D would pay $15 per week 'for the support of a child which is to be born on or about the 1st day of June 1961, until such time as said child reaches its eighteenth birthday.' It further provided that D 'will not attempt to see the child nor its mother at any time during the child's minority;' that 'the child will take and bear the name Forester and that no claim other than the $15 per week will be demanded of D for the maintenance and support of the said child.' In return for this promise, Perry Forester agreed 'to release D from any and all claims against D for the alienation of the affections of Virginia Forester by D, for the loss of services of Virginia Forester to Perry Forester, her husband, and for the assault and battery of said Virginia Forester by D.' Virginia Forester and Perry Forester were divorced in 1963. In 1962 D filed a voluntary petition for bankruptcy in federal court, listing Perry Forester and Virginia Forester as unsecured creditors on the support contract. the debts of D were discharged. In 1964 a distribution of $140 was made to satisfy the existing debt on the contract. Nowhere in the written contract, the pleadings, or the stipulations of fact does D admit or P allege that D is in fact the father of P. P filed this action to collect the unpaid payments. The trial court entered judgment for P. D appealed.