Legal Opinion

Shannon v. Carter

Missouri Court of Appeals

Decided February 17, 1903PublishedCited by 5 opinions

Appeal from St. Francois Circuit Court. — Ho». James D. Fox, Judge. The law presumes that services rendered by a daughter to a father are gratuitous. Louder v. Hart, 52 Mo. App. 377; Bittrick v. Gilmore, 53 Mo. App. 53; Penter v. Roberts, 51 Mo. App. 222; Erhart v. Die-trick, 118 Mo. 418; Ronsick v. Boverschmidt, 63 Mo. App. 421; Fuinell v. Gooch, 59 Mo. App. 209; Wood v. Land, 30 Mo. App. 176; Lawrence v. Bailey, 84 Mo. App. 107; Castle v. Edwards, 63 Mo.

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Appeal from St. Francois Circuit Court. — Ho». James D. Fox, Judge. The law presumes that services rendered by a daughter to a father are gratuitous. Louder v. Hart, 52 Mo. App. 377; Bittrick v. Gilmore, 53 Mo. App. 53; Penter v. Roberts, 51 Mo. App. 222; Erhart v. Die-trick, 118 Mo. 418; Ronsick v. Boverschmidt, 63 Mo. App. 421; Fuinell v. Gooch, 59 Mo. App. 209; Wood v. Land, 30 Mo. App. 176; Lawrence v. Bailey, 84 Mo. App. 107; Castle v. Edwards, 63 Mo. App. 568. (1) There was sufficient testimony to overcome the presumption that the services rendered by plaintiff to her deceased father…

1Opinion of the CourtGoode, J.

This suit was instituted in the probate court of St. Francois county on an account reading as follows:

“The estate of John C. Shannon, deceased, to Jennie M. Shannon, Dr.

To 832 weeks’ work at $1.75 per week, at the instance and request of deceased......$1,456.00

Credit for clothing at fifty cents per week for 832 weeks....................... 416.00

To balance due claimant.................. $1,040.00

Commencing April 27, 1884, and ending April 14, 1901.”

To this account there was attached an affidavit of *136the claimant sworn to before her attorney as notary public.

In the probate court before a jury…

2Cases cited1 opinion

  1. Sprague v. SeaSupreme Court of Missouri · 1899

3Cited by5 opinions

  1. Fitzpatrick v. DooleyMissouri Court of Appeals · 1905
  2. Cole v. FitzgeraldMissouri Court of Appeals · 1908
  3. Kingston v. RobertsMissouri Court of Appeals · 1913
  4. Carrell v. McDonnellMissouri Court of Appeals · 1909
  5. Graham v. Estate of RappMissouri Court of Appeals · 1904

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