Brock v. Cox
Missouri Court of Appeals
Appeal from the Maries Circuit Court. —IIon. Rudolph Hibzel, Judge. Statement by the court. This action was originally brought in the probate court of Maries county upon the following statement, viz.: “Estate of Eliza Robinson, deceased, “In acc’t with Emily Brock, wife of Peter Brock, Dr. “To care and attention, nursing and waiting on deceased, from July 31 to June 15, 1887, at the rate of thirty dollars per month — eleven months and fifteen days — as wages of her separate…
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Appeal from the Maries Circuit Court. —IIon. Rudolph Hibzel, Judge. Statement by the court. This action was originally brought in the probate court of Maries county upon the following statement, viz.: “Estate of Eliza Robinson, deceased, “In acc’t with Emily Brock, wife of Peter Brock, Dr. “To care and attention, nursing and waiting on deceased, from July 31 to June 15, 1887, at the rate of thirty dollars per month — eleven months and fifteen days — as wages of her separate labor, $345.00.” There was a trial in the probate court, and an appeal to the circuit court, where plaintiff to support…
1Opinion of the CourtEllison, J.
It is claimed by plaintiff that as her mother, Mrs. Robinson, was not living with her till the service began that they should be regarded as strangers, and that the rule of .non-presumption of a promise to pay, which arises where the family relationship exists, should not obtain in this case.
I do not agree to this contention. The parties were related by the closest ties of blood, and the law in such case follows the dictates of humanity, and will ascribe the attention and care which a daughter bestows upon her aged mother to the tender impulse which should arise from the relationship, and not…
2Cases cited2 opinions
- Woods v. LandMissouri Court of Appeals · 1888
- Copp v. HardyMissouri Court of Appeals · 1888
3Cited by10 opinions
- McKeon v. National Casualty Co.Missouri Court of Appeals · 1925
- Cole v. FitzgeraldMissouri Court of Appeals · 1908
- Callahan v. RigginsMissouri Court of Appeals · 1891
- Brand v. RayMissouri Court of Appeals · 1911
- Lawrence v. BaileyMissouri Court of Appeals · 1900
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