Legal Opinion

Jackson v. Smith

Missouri Court of Appeals

Decided December 6, 1909PublishedCited by 6 opinions

Appeal from Atchison Circuit Court. — Hon. Wm. O. Ellison, Judge. (1) Credit for the services "rendered in this case, was not originally extended to Abner Smith, whose estate is sought to be charged. This all the evidence clearly shows. Such being the case the alleged promise or contract made by him could not be enforced, because it was oral, and collateral, and clearly within the Statute of Frauds. Rottman v. Fox, 25 Mo.

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Appeal from Atchison Circuit Court. — Hon. Wm. O. Ellison, Judge. (1) Credit for the services "rendered in this case, was not originally extended to Abner Smith, whose estate is sought to be charged. This all the evidence clearly shows. Such being the case the alleged promise or contract made by him could not be enforced, because it was oral, and collateral, and clearly within the Statute of Frauds. Rottman v. Fox, 25 Mo. App. 572; Bissig v. Britton, 59 Mo. 207; R. S. 1899, sec. 3418; Gansey v. Orr, 173 Mo. 543; Hurt v. Ford, 142 Mo. '283. (2) Where one party to a contract is dead, the other…

1Opinion of the Court

ELLISON, J. —

This action is founded upon an alleged promise of Abner Smith to pay plaintiff, who was his daughter, for services rendered in caring for another daughter. Abner Smith died and defendant was appointed administrator of his estate. The judgment in the trial court was for the plaintiff.

The contract with the deceased Smith whereby he promised to pay plaintiff, was made, on plaintiff’s part, with her husband, as her agent, and he was permitted to testify, — the defendant objecting to his competency for the reason that the other party was dead. The court held him to be a competent…

2Cases cited32 opinions

  1. In re Estate of SoulardSupreme Court of Missouri · 1897
  2. Williams v. EdwardsSupreme Court of Missouri · 1887
  3. Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
  4. Rice v. WaddillSupreme Court of Missouri · 1902
  5. Granger v. BassettMassachusetts Supreme Judicial Court · 1868

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3Cited by6 opinions

  1. Carroll v. United Railways Co.Missouri Court of Appeals · 1911
  2. Maness v. GrahamSupreme Court of Missouri · 1940
  3. Brautigam v. HoffmanMissouri Court of Appeals · 1969
  4. Taylor v. GeorgeMissouri Court of Appeals · 1913
  5. Smith v. BrinkleyMissouri Court of Appeals · 1910

1 more not listed; retrieve them via the Exa API.

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