Finnell v. Gooch
Missouri Court of Appeals
Appeal from the Chariton Circuit Court.—Hon. W. W. Ruckee, Judge. (1) The demurrer to the evidence should have been sustained. The testimony falls far short of showing any contract between the deceased and his daughter, the plaintiff. The most that can be made out of the testimony is, that he felt .grateful for the kind attentions of his daughter, and thought something of buying a farm upon which she and her family could live with him.
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Appeal from the Chariton Circuit Court.—Hon. W. W. Ruckee, Judge. (1) The demurrer to the evidence should have been sustained. The testimony falls far short of showing any contract between the deceased and his daughter, the plaintiff. The most that can be made out of the testimony is, that he felt .grateful for the kind attentions of his daughter, and thought something of buying a farm upon which she and her family could live with him. The evidence clearly shows that deceased regarded the whole matter as within his own volition. Under the evidence plaintiff was not entitled to recover. Woods…
1Opinion of the CourtSmith, P. J.
This is an action which was brought in the probate court by the plaintiff against the •defendant, who is the administrator of the estate of Edward G-ooch, deceased. The cause was removed by appeal to the circuit court where there was a trial which resulted in a judgment for the plaintiff and from which the defendant has appealed. The sole ground of the defendant’s appeal is, that the circuit court erred in refusing to instruct the jury at the conclusion of the evidence, to the effect that under the law •and the evidence the verdict should be for defendant.
The evidence abundantly proves that…
2Cases cited4 opinions
- Woods v. LandMissouri Court of Appeals · 1888
- Penter v. RobertsMissouri Court of Appeals · 1892
- Brock v. CoxMissouri Court of Appeals · 1889
- Callahan v. RigginsMissouri Court of Appeals · 1891
3Cited by5 opinions
- Lawrence v. BaileyMissouri Court of Appeals · 1900
- Sloan v. DaleCourt of Appeals of Kansas · 1901
- Mabary v. MabaryMissouri Court of Appeals · 1913
- Castle v. EdwardsMissouri Court of Appeals · 1895
- Lewellyn v. LewellynMissouri Court of Appeals · 1899