Lambert v. Hodgdon
Missouri Court of Appeals
Appeal from Hannibal Court of Common Pleas — Hon, William T. Ragland, Judge. (1) On tbe assumption .there was an implied contract to pay for board, which appellant denies, the canse of action therefor accrued to Charles Lambert alone, and he must bring his separate action therefor. Nelson v. Railroad, 113 Mo. App. 659; Clark v. Zane, 148 S. "W. 968; 15 Ency.
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Appeal from Hannibal Court of Common Pleas — Hon, William T. Ragland, Judge. (1) On tbe assumption .there was an implied contract to pay for board, which appellant denies, the canse of action therefor accrued to Charles Lambert alone, and he must bring his separate action therefor. Nelson v. Railroad, 113 Mo. App. 659; Clark v. Zane, 148 S. "W. 968; 15 Ency. PI. & Prac., pp. 539, 580, 733. (2) If Mollie Lambert performed extra nursing and services for decedent outside of the line of her domestic duties and was entitled to compensation by an implied contract, such earnings were her separate…
1Opinion of the CourtReynolds, P. J.
Plaintiffs, husband and wife, filed' their demand in the probate court of Marion county, the demand duly verified, the account accompanying the demand embracing items for nursing and care and board of one Mrs. Mary Lambert, deceased, also for work done about the farm, including also' an assigned account of one Joseph Lambert, the total amount being $4173.11. Credit of $1900 for rent for fourteen and a half years is given.
At a trial before the court and a jury in the proT bate court, judgment was rendered in favor of plaintiffs, the account allowed and classified as in the fifth class.…
2Cases cited1 opinion
- Brinton v. ThomasMissouri Court of Appeals · 1909