Brosius v. Barker
Missouri Court of Appeals
Appeal from Wrigbt Circuit Court. — Hon. G. H. Blanker, Judge. (1) Contracts of infants for necessaries are neither void nor voidable and the parent is liable for such, unless he can avoid responsibility on some such ground as emancipation which has been attempted in this case. But which we think cannot be maintained under the evidence. Industrial Home v. Fritchey, 10 Mo. App. 344; Paul t. Smith, 41 Mo. App. 275; Rankin v. Rankin, 83 Mo.
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Appeal from Wrigbt Circuit Court. — Hon. G. H. Blanker, Judge. (1) Contracts of infants for necessaries are neither void nor voidable and the parent is liable for such, unless he can avoid responsibility on some such ground as emancipation which has been attempted in this case. But which we think cannot be maintained under the evidence. Industrial Home v. Fritchey, 10 Mo. App. 344; Paul t. Smith, 41 Mo. App. 275; Rankin v. Rankin, 83 Mo. App. 341; Academy v. Bobb, 52 Mo. 357. (2) If emancipation is relied upon by defendant, he must allege it and prove it. The first hint of emancipation in…
1Opinion of the CourtGray, J.
The defendant is the father of Norman Barker, who was of the age of twenty years in 1907. Sometime in June of the year just mentioned, Norman left his father’s home in Douglas county, this state, and went to the State of Oregon. On September 4, 1907, he was sick with typhoid fever and entered a hospital and was there cared for and. treated for said *660disease until October 19th, of that year. The plaintiff at said time, was a duly licensed and practicing physician in said state, and treated the defendant’s son during said sickness, and claimed that the reasonable value of the services so…
2Cases cited19 opinions
- Ramsey v. RamseyIndiana Supreme Court · 1889
- Philpott v. Missouri Pacific RailroadSupreme Court of Missouri · 1884
- Porter v. PowellSupreme Court of Iowa · 1890
- Rounds Bros. v. McDanielCourt of Appeals of Kentucky · 1909
- Angel v. McLellanMassachusetts Supreme Judicial Court · 1819
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3Cited by23 opinions
- Delaware, L. & W. R. v. PetrowskyCourt of Appeals for the Second Circuit · 1918
- Spurgeon v. Mission State BankCourt of Appeals for the Eighth Circuit · 1945
- Swenson v. SwensonMissouri Court of Appeals · 1950
- Wurth Ex Rel. Gershenson v. WurthSupreme Court of Missouri · 1959
- County of Alameda v. KaiserCalifornia Court of Appeal · 1965
18 more not listed; retrieve them via the Exa API.