Carroll v. McCoy
Supreme Court of Iowa
Appeal from Tama District Court. AotioN to recover for the support and education of a son of defendant, from the year 1853 to 1871, and for money advanced for bis use. The petition alleges that the child was taken, at the request of defendant in infancy, and cared for and educated by plaintiff.- An account is attached to the petition, charging each year’s support as a separate item.
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Appeal from Tama District Court. AotioN to recover for the support and education of a son of defendant, from the year 1853 to 1871, and for money advanced for bis use. The petition alleges that the child was taken, at the request of defendant in infancy, and cared for and educated by plaintiff.- An account is attached to the petition, charging each year’s support as a separate item. The answer of defendant denies the allegations of the petition, and pleads the statute of limitations to all the claims which accrued prior to the year 1867. There was a verdict and judgment for plaintiff.…
1Opinion of the CourtBeck, J.
The consideration of the objections made by defendant to the instructions will cover all points made in the argument of counsel.
I. The jury were directed that if the plaintiff topk the child at defendant’s request, the law will imply a promise on 1. costbact: . cS?ici.?lfc °f her part to pay for its support. To this defendant objects on the ground that defendant would not be liable if there was an understanding that the child should be taken care of without charge. This is true but, in the absence of proof of such an understanding, upon request of defendant for the services, the law implies,…
2Cases cited3 opinions
- Wendeling v. BesserSupreme Court of Iowa · 1871
- Moser v. CrooksSupreme Court of Iowa · 1871
- Price v. PriceSupreme Court of Iowa · 1872
3Cited by9 opinions
- Isaacs v. DeutschSupreme Court of Florida · 1955
- Norwegian Plow Co. v. ClarkSupreme Court of Iowa · 1897
- Allen v. AllenSupreme Court of Missouri · 1954
- Sullenbarger v. AhrensSupreme Court of Iowa · 1914
- Knutson v. HaugenSupreme Court of Minnesota · 1934
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