Sponable v. Owens
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The contract sued on is a legal one and should be enforced. Powell v. Moeller, 107 Mo. 471. (2) The contract was to pay the plaintiff for the support of the child of Bertha Sponable so much a year, but was not to be paid so long as Arthur Owens lived with Bertha Sponable or supported the child. If he did not do so, then these payments were to be made.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The contract sued on is a legal one and should be enforced. Powell v. Moeller, 107 Mo. 471. (2) The contract was to pay the plaintiff for the support of the child of Bertha Sponable so much a year, but was not to be paid so long as Arthur Owens lived with Bertha Sponable or supported the child. If he did not do so, then these payments were to be made. (3) The law will not permit him to desert his wife, and thereby .give her cause for divorce, and then set up her action in obtaining a divorce as a defense to this contract. (4)…
1Opinion of the CourtEllison, J.
Plaintiff is the father of Bertha Sponable, who is the mother of a child born out of wedlock,^ in July, 1895. It appears that Arthur Owens is the father of the child; so that when it was about seven months old, to-wit, in February, 1896, he and plaintiff and said Bertha executed the following contract.’ The defendant, who is Arthur’s father, signed the obligation set out below — the contract:
“This agreement made and entered into this eleventh day of February, 1896, by and between Arthur Owens, of Jasper-county, Missouri, party of the first part, and Bertha Sponable and Frank Sponable, of said…
2Cases cited3 opinions
- Easley v. GordonMissouri Court of Appeals · 1892
- Powell v. MoellerSupreme Court of Missouri · 1891
- Jarrell v. FarrisSupreme Court of Missouri · 1839
3Cited by4 opinions
- State Ex Rel. Canfield v. PorterfieldMissouri Court of Appeals · 1927
- State v. WhiteSupreme Court of Missouri · 1952
- L... v. L...Missouri Court of Appeals · 1973
- L . . . v. L . . .Missouri Court of Appeals · 1973