Fiege v. Boehm

123 A.2d 316 · Court of Appeals of Maryland · 1956

Facts

Hilda Louise Boehm became pregnant after having sexual intercourse with Louis Gail Fiege, who acknowledged responsibility. Before the child's birth, Fiege agreed to pay Boehm's medical expenses, lost salary, and $10 per week for child support until age 21, on the condition that she would not initiate bastardy proceedings against him. Boehm gave birth to a daughter and later placed her for adoption. Fiege made payments totaling $480 but stopped in May 1953 after blood tests indicated he could not be the father. Boehm sued Fiege for the remaining balance of $2,415.80 under their agreement, while Fiege denied the agreement and paternity.

Procedural history

Hilda Boehm sued Louis Fiege in Superior Court. Fiege's demurrer was initially sustained, then overruled after Boehm amended her declaration to include his acquittal in criminal court based on blood tests. The Superior Court overruled Fiege's motions for a directed verdict and judgment n.o.v., entering judgment for Boehm based on the jury's verdict. Fiege appealed this judgment.

Issue

Does forbearance to prosecute a bastardy claim constitute sufficient consideration for a contract to pay child support, even if later blood tests indicate the accused man is not the father, provided the claim was made in good faith?

Holding

Yes, the contract was enforceable because Boehm's forbearance to sue was based on a good faith belief in her claim. The court affirmed the lower court's judgment in favor of Boehm.

Rule

Forbearance to assert a claim is sufficient consideration if the claimant has an honest and reasonable belief in its possible validity, even if the claim is later found to be invalid. This combines subjective good faith with an objective reasonable basis. A promise not to prosecute a claim lacking good faith or a reasonable foundation is insufficient. Thus, a woman's promise not to institute bastardy proceedings is sufficient consideration for the man's support promise if she makes the charge in good faith, even if paternity is uncertain or the prosecution might not succeed. The Maryland Bastardy Act supports such agreements as compromises of civil injuries, aligning with public policy if fair and reasonable.

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Case brief last reviewed 2026-10-10. Prepared by CaseReader from the published opinion.