Lawrence v. Bailey
Missouri Court of Appeals
Appeal from the Linn Circuit Court.—Hon. John P. Butler, Judge. (1) In an action by the daughter to recover from the deceased father’s estate for services rendered the father, the burden is upon the plaintiff to overcome the presumption that the services were gratuitous kindness. There must be substantial evidence of such a contract between the parties as the law could enforce. Woods v. Land, 30 Mo. App, 176; Koch v. Hebei, 32 Mo. App. 103; Brock v. Cox, 38 Mo.
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Appeal from the Linn Circuit Court.—Hon. John P. Butler, Judge. (1) In an action by the daughter to recover from the deceased father’s estate for services rendered the father, the burden is upon the plaintiff to overcome the presumption that the services were gratuitous kindness. There must be substantial evidence of such a contract between the parties as the law could enforce. Woods v. Land, 30 Mo. App, 176; Koch v. Hebei, 32 Mo. App. 103; Brock v. Cox, 38 Mo. App. 40; Renter v. Roberts, 51 Mo. App. 222; Einnell v. Gooch, 59 Mo. App. 209. (1) “Notwithstanding the fact that family membership…
1Opinion of the CourtSmith, P. J.
This is an action originating in the probate court. The plaintiff presented a demand against the estate of William Dawson, deceased, for $423, on account of one hundred and forty-one weeks and one day’s services in the capacity of housekeeper, rendered deceased by plaintiff *109at his special instance and request, which services were of the reasonable value of three dollars per week
The facts which the evidence tended to disclose were, that the plaintiff was the daughter of the deceased, who had, for several years prior to the time of the performance of the services for which she makes claim for…
2Cases cited6 opinions
- Woods v. LandMissouri Court of Appeals · 1888
- Koch v. HebelMissouri Court of Appeals · 1888
- Penter v. RobertsMissouri Court of Appeals · 1892
- Brock v. CoxMissouri Court of Appeals · 1889
- Copp v. HardyMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cole v. FitzgeraldMissouri Court of Appeals · 1908
- Brand v. RayMissouri Court of Appeals · 1911
- Taylor v. GeorgeMissouri Court of Appeals · 1913
- Crowley v. DagleyMissouri Court of Appeals · 1913
- Sloan v. DaleCourt of Appeals of Kansas · 1901
2 more not listed; retrieve them via the Exa API.