Easley v. Gordon
Missouri Court of Appeals
Appeal from the Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. There are no bastardy laws in this state. At common law the «mother is the natural guardian of an illegitimate child, and is bound to support it. No such obligation to support the child attaches to the father. The contract in suit is, therefore, without consideration.
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Appeal from the Scotland Circuit Court. — Hon. Ben. E. Turner, Judge. There are no bastardy laws in this state. At common law the «mother is the natural guardian of an illegitimate child, and is bound to support it. No such obligation to support the child attaches to the father. The contract in suit is, therefore, without consideration. Nine v. Starr, 8 Or. 49; Tyler on Infancy & Coverture, p. 285; Schouler on Domestic Relations [2 Ed.] top p. 384; 1 Parsons on Contracts [7 Ed.] p. 338.
1Opinion of the CourtRombauer, P. J.
The plaintiff’s petition states, in substance, that she -is an unmarried woman, and that the defendant is the father of her illegitimate child; that when she became pregnant with the child, which is now two years of age, the defendant promised to her that he would pay for its support, as she had no one else to look to; that she supported the child for two years, and that such support was reasonably worth $500, but that the defendant failed to redeem his promise and pay any part of said sum, wherefore she sues. The court sustained a general demurrer to this petition, and the plaintiff appeals.…
2Cases cited4 opinions
- Greenabaum v. ElliottSupreme Court of Missouri · 1875
- Musick v. DodsonSupreme Court of Missouri · 1882
- Nine v. StarrOregon Supreme Court · 1879
- In re NofsingerMissouri Court of Appeals · 1887
3Cited by11 opinions
- R___ v. R___Supreme Court of Missouri · 1968
- McNulty Ex Rel. McNulty v. HeitmanMissouri Court of Appeals · 1980
- In Re L____Supreme Court of Missouri · 1973
- State Ex Rel. Canfield v. PorterfieldMissouri Court of Appeals · 1927
- S____ v. W____Missouri Court of Appeals · 1974
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