Legal Opinion

Francis v. . Francis

Supreme Court of North Carolina

Decided September 29, 1943PublishedCited by 20 opinions

1Opinion of the CourtDevin, J.

Defendants contend that their motion for judgment of nonsuit should have been allowed, for the reason that the plaintiff was the daughter-in-law of the decedent, living with him in his home as a member of the family, and hence was under obligation to render household and personal services without additional compensation. They point out that there was no express contract to pay, and that under the circumstances the legal presumption that the services were gratuitously rendered has not been successfully rebutted.

The legal principles involved seem to have been well settled by the decisions of…

2Cases cited8 opinions

  1. Winkler v. Killian.Supreme Court of North Carolina · 1906
  2. Brown v. . WilliamsSupreme Court of North Carolina · 1928
  3. Dunn v. Currie.Supreme Court of North Carolina · 1906
  4. Callahan v. . WoodSupreme Court of North Carolina · 1896
  5. Nesbitt v. . DonohoSupreme Court of North Carolina · 1929

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3Cited by20 opinions

  1. North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
  2. Goeckel v. StokelySupreme Court of North Carolina · 1952
  3. Coley v. . DalrympleSupreme Court of North Carolina · 1945
  4. Lipe v. Guilford National BankSupreme Court of North Carolina · 1952
  5. Stewart v. . WyrickSupreme Court of North Carolina · 1947

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