Birch v. Birch
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Son. J. T. Neville, Judge. Plaintiff showed by the testimony of Mrs. Sarah Koons, sister of deceased and mother of plaintiff, that the deceased brought that deed to her and left it to be by her delivered to plaintiff, asking her at the time to hand it to her daughter and saying that he gave it to her for her care of his granddaughter, Essie Godbey.
Read the full summary
Appeal from Greene Circuit Court. — Son. J. T. Neville, Judge. Plaintiff showed by the testimony of Mrs. Sarah Koons, sister of deceased and mother of plaintiff, that the deceased brought that deed to her and left it to be by her delivered to plaintiff, asking her at the time to hand it to her daughter and saying that he gave it to her for her care of his granddaughter, Essie Godbey. She also testified that the deceased at various times told plaintiff that she should be well paid for taking care of him and at other times told witness so. The chief errors of which plaintiff complains were in…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The evidence is sufficient to show that Day intended and agreed to compensate plaintiff for the services she rendered him during his last sickness; but there is no evidence that she intended to charge for her services, and the trial court, either on the assumption that plaintiff had been compensated for these services in advance, by the conveyance to her by Day of the house and lot, or on the assumption that Day was a member of her family at the time the services were rendered, nonsuited plaintiff. The conveyance of the real' estate was made long prior to the…
2Cases cited9 opinions
- Sprague v. SeaSupreme Court of Missouri · 1899
- Bair v. RobinsonSupreme Court of Pennsylvania · 1885
- Menefee v. ChesleySupreme Court of Iowa · 1896
- Duncan v. FrankMissouri Court of Appeals · 1880
- Hofman v. Grand Lodge of Brotherhood of Locomotive FiremenMissouri Court of Appeals · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hyde v. HoniterMissouri Court of Appeals · 1913
- Wood v. Estate of LewisMissouri Court of Appeals · 1914
- Boyher v. Estate of GearhartMissouri Court of Appeals · 1963
- Estate of Lenhardt v. LenhardtMissouri Court of Appeals · 1959
- Hays v. Estate of MillerMissouri Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.