Legal Opinion

McGarvy v. Roods

Supreme Court of Iowa

Decided December 10, 1887PublishedCited by 21 opinions

Appeal from Henry Circuit Court. The plaintiff presented for allowance a claim against the estate of Amelia Darneal. There was a trial by jury, verdict for the plaintiff, and judgment. The defendant appeals.

1Opinion of the CourtSeevers, J.

The plaintiff is the daughter of the decedent, and the claim presented for allowance is for boarding and taking care of the decedent for some years prior to her death. The decedent was upwards of 80 years old, and quite infirm. At the time the services were rendered, the decedent was living with, and making her home with, her. The defendant insists that the plaintiff cannot recover, for the reason that the decedent lived with the plaintiff as a member of the family, and no such promise to pay as is required in such case has been established. The plaintiff concedes that no express promise to…

2Cases cited2 opinions

  1. Scully v. Scully'sSupreme Court of Iowa · 1870
  2. Rogers v. MillardSupreme Court of Iowa · 1876

3Cited by21 opinions

  1. Mallow v. WalkerSupreme Court of Iowa · 1901
  2. Morrissey v. FaucettWashington Supreme Court · 1902
  3. Sargent v. FolandOregon Supreme Court · 1922
  4. Bixler v. SellmanCourt of Appeals of Maryland · 1893
  5. Soderland v. GraeberSupreme Court of Iowa · 1921

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