Legal Opinion

James Brett Holmes v. Becky Turner

Court of Appeals of Mississippi

Decided September 1, 2015No. 2014-CA-00819-COAPublishedCited by 6 opinions

1Opinion of the Court

MAXWELL, J.,

for the Court:

¶ 1. “Generally, when necessaries are furnished to a person who by reason of mental incapacity cannot himself make a contract, the law implies or imposes an obligation or agreement on his part to pay for them[.]” 1 In this case, while Frances Turner was a total-care Alzheimer’s patient, her son Jimmy Turner wrote a series of checks to her to cover the cost of her nursing care. Thus, the law recognized an implied contractual obligation that Frances would repay Jimmy.

¶2. This obligation to reimburse Jimmy arose when the implied contract ended in November 2009. This is'…

2Cases cited7 opinions

  1. McNeil v. HesterMississippi Supreme Court · 2000
  2. Rotenberry v. HookerMississippi Supreme Court · 2003
  3. Methodist Hosp. of Hattiesburg, Inc. v. RichardsonMississippi Supreme Court · 2005
  4. Matter of Estate of PetrickMississippi Supreme Court · 1994
  5. Holston v. LadnerCourt of Appeals of Mississippi · 2005

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Rush Hospital v. Stephanie CarlisleCourt of Appeals of Mississippi · 2018
  2. In the Matter of the E.M. Rush Trust; Mary Jane Rush Lennon, Stacy Lennon, Julie E. Lennon, Estate of Perry Rush Lennon, Robert R. Lennon, Jr. and Dana R. Schilling v. Lowrey & Fortner, P.A.Court of Appeals of Mississippi · 2022
  3. In the Matter of the Estate of Costas E. Pavlou, Deceased: Kenneth Rogers v. The Estate of Costas E. PavlouMississippi Supreme Court · 2021
  4. In the Matter of the Estate of Marion King, Deceased: Susan Atkins and Kevin Atkins v. Joyce KingCourt of Appeals of Mississippi · 2020
  5. Rush Hospital v. Stephanie CarlisleCourt of Appeals of Mississippi · 2018

1 more not listed; retrieve them via the Exa API.

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