Koch v. Hebel
Missouri Court of Appeals
Appeal from, Johnson Circuit Court. — Hon. Charles W. Sloan, Judge. The case is stated in the opinion. * (1) The statement of plaintiff’s claim sets forth a legal liability created by the law itself, and not by any mutual understanding and agreement between plaintiff and the deceased.
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Appeal from, Johnson Circuit Court. — Hon. Charles W. Sloan, Judge. The case is stated in the opinion. * (1) The statement of plaintiff’s claim sets forth a legal liability created by the law itself, and not by any mutual understanding and agreement between plaintiff and the deceased. After the opening statement of plaintiff’s counsel that she was his daughter living with her father, keeping house for him and thus performed the service sued for, . her right to recover on a quantum meruit was barred, and the court should not have heard any evidence in support of her claim. And she, having…
1Opinion of the CourtRamsay, J.
— This action was tried in the probate-court of Johnson county, in May, 1887, upon a demand presented by plaintiff for allowance against the estate-of William Koch, deceased, which was in words and figures following:
“ Estate of William. Koch, deceased, to Elizabeth Koch, Dr.
“To nine years’ work and labor for said William Koch commencing on the first day of November, 1876,
*107at the special instance and request of said Wm. Koch, $1,000.00.”
‘ ‘ State of Missouri, ) > ss. “ County of Johnson, )
“Elizabeth Koch being duly sworn, upon her oath says to the best of her knowledge and belief, she has given…
2Cases cited17 opinions
- Wallace v. LongIndiana Supreme Court · 1886
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Robinson v. . RaynorNew York Court of Appeals · 1863
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3Cited by17 opinions
- Vosburg v. SmithMissouri Court of Appeals · 1954
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- Hall v. GetmanMissouri Court of Appeals · 1906
- Hall v. HarrisSupreme Court of Missouri · 1898
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