Moore v. Smith
Supreme Court of Georgia
Complaint. Before Judge Fite. Whitfield superior court. April 5, 1904. Mrs. Smith, brought an action against Mrs. Moore, formerly Mrs. Price, alleging, in substance, as follows: The defendant is indebted to the plaintiff in the sum of $1,725, besides interest. In 1883 Dr.-Price, who was then the husband of the defendant, employed the plaintiff to nurse his and the defendant’s invalid minor child, agreeing to pay the plaintiff a stated compensation per week for her services.
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Complaint. Before Judge Fite. Whitfield superior court. April 5, 1904. Mrs. Smith, brought an action against Mrs. Moore, formerly Mrs. Price, alleging, in substance, as follows: The defendant is indebted to the plaintiff in the sum of $1,725, besides interest. In 1883 Dr.-Price, who was then the husband of the defendant, employed the plaintiff to nurse his and the defendant’s invalid minor child, agreeing to pay the plaintiff a stated compensation per week for her services. After' the plaintiff had remained in Dr. Price’s home for one year under .the aforesaid agreement, Price contracted with…
1Opinion of the CourtCobb, J.
1. While the words “his death,” occurring in that part of the petition where the second contract with Price is first referred to, are ambiguous, and should, under the rule, be construed most strongly against the plaintiff, still, when the whole petition is considered together, we think it is clear that the plaintiff intended to allege that she was employed by Price to render services to the son during the son’s lifetime. The subsequent allegation that when the son died the contract was fully performed seems to make this clear. The cause of action attempted to be set forth in the original…
2Cases cited6 opinions
- Hudson v. HudsonSupreme Court of Georgia · 1892
- Banks v. HowardSupreme Court of Georgia · 1903
- Johnson v. ChampionSupreme Court of Georgia · 1892
- Towns v. MathewsSupreme Court of Georgia · 1893
- Hudson v. HudsonSupreme Court of Georgia · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1941
- Alford v. DavisCourt of Appeals of Georgia · 1918
- Watts v. RichCourt of Appeals of Georgia · 1934
- Miller v. EverettSupreme Court of Georgia · 1941
- Gibbs v. HarrelsonSupreme Court of Georgia · 1917
11 more not listed; retrieve them via the Exa API.