Cupp v. McCallister
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) When a parent resides-in.the household of a child, and the child renders services for the parent, the legal inference arises that such services were gratuitous, and in natural response to the promptings of filial affection and duty. Lawrence v. Bailey, 84 App. 107; Erhart, Adm’r, v. Deitrich, 118 Mo. 431; Penter v. Roberts, 51 Mo.
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Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) When a parent resides-in.the household of a child, and the child renders services for the parent, the legal inference arises that such services were gratuitous, and in natural response to the promptings of filial affection and duty. Lawrence v. Bailey, 84 App. 107; Erhart, Adm’r, v. Deitrich, 118 Mo. 431; Penter v. Roberts, 51 Mo. App. 222. (2) The court did not err in sustaining defendant’s demurrer to the evidence. Cotton v. Huston, 110 Mo. App. 70; Bank y. Bank, 109 Mo. App. 665; Greason.v. Railroad, 112 M'o. App. 116.…
1Opinion of the CourtEllison, J.
Plaintiff presented an account in the probate court of Boone county against the defendant, who is administrator of the estate of her mother. On a trial in that court she had a verdict for $750. The administrator appealed to the circuit court, where a demurrer to thé evidence in plaintiff’s behalf, was sustained.
The account is for services rendered to the' deceased for the last five years of her life. In passing on a demurrer to the evidence in behalf of the plaintiff, not only must she receive the benefit of all direct substantial evidence in her favor, but every reasonable inference to be…
2Cases cited7 opinions
- State v. VaughanSupreme Court of Missouri · 1906
- Holmes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- State v. CrosswhiteSupreme Court of Missouri · 1906
- Penter v. RobertsMissouri Court of Appeals · 1892
- Burns v. SullivanCourt of Appeals of Kansas · 1901
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3Cited by2 opinions
- Vosburg v. SmithMissouri Court of Appeals · 1954
- Mabary v. MabaryMissouri Court of Appeals · 1913