Hart v. Hess
Supreme Court of Missouri
Appeal from the Sixth District Court. I. The Circuit Court erred in admitting the declarations of Mrs. Hart. They were not declarations against her interest so that they would have been admissible in favor of claimant in a suit against her while living ; they are not evidence of any contract to pay plaintiff for services — are not admissions of indebtedness — are mere expressions of a consciousness of moral obligation — of gratitude.
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Appeal from the Sixth District Court. I. The Circuit Court erred in admitting the declarations of Mrs. Hart. They were not declarations against her interest so that they would have been admissible in favor of claimant in a suit against her while living ; they are not evidence of any contract to pay plaintiff for services — are not admissions of indebtedness — are mere expressions of a consciousness of moral obligation — of gratitude. They did not tend to show that mother and son had an understanding or contract that services were to be rendered for wages, or wages paid for services — Dyer v.…
1Opinion of the CourtWagner, Judge
This was a proceeding originally instituted in the Probate Court of St. Charles county. The respondent presented his claim against the estate of his mother, Mary Hart, deceased^ for work and labor done and performed, and services rendered for the period of six years, and on an issue submitted to a jury had a verdict in his favor. ’ An appeal was taken to the Circuit Court, where upon a trial before a jury the plaintiff had another verdict. The case was then carried to the District Court, where the judgment was affirmed.
The giving and refusing of instructions, and the admitting of illegal…
2Cases cited3 opinions
- Guenther v. Birkicht's AdministratorSupreme Court of Missouri · 1856
- Morris v. BarnesSupreme Court of Missouri · 1865
- Smith v. MyersSupreme Court of Missouri · 1854
3Cited by41 opinions
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Lillard v. WilsonSupreme Court of Missouri · 1903
- Morrissey v. FaucettWashington Supreme Court · 1902
- Wilkes v. CorneliusOregon Supreme Court · 1890
- Erhart v. DietrichSupreme Court of Missouri · 1893
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