Legal Opinion

Officer v. Swindlehurst

Montana Supreme Court

Decided April 18, 1910No. 2,804PublishedCited by 4 opinions

Appeal from District Court, Park Countyj Frank Henry, fudge. Suit by Kate M. Officer agaiust J. E. Swindlehurst and another. From a decree for plaintiff and from an order denying a new trial, defendants appeal. Services of a son or daughter, rendered while remaining in the father’s family after becoming of age without a contract for payment, are deemed gratuitous.

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Appeal from District Court, Park Countyj Frank Henry, fudge. Suit by Kate M. Officer agaiust J. E. Swindlehurst and another. From a decree for plaintiff and from an order denying a new trial, defendants appeal. Services of a son or daughter, rendered while remaining in the father’s family after becoming of age without a contract for payment, are deemed gratuitous. They will not even form a consideration which will protect a transfer of securities afterward made by the father to the child against claims of creditors. {Guffin v. First Nat. Bank, 74 111. 259.) Evidence that a daughter rendered…

1Opinion of the CourtJustice Smith

The plaintiff in her complaint alleges: That she is the owner in fee and in possession of a certain lot, 50 feet wide and 150 feet deep, situated at Hunter’s Hot Springs, in Park county; that one W. C. Officer, formerly the owner of the lot, conveyed the same to her, for a valuable consideration, on the twenty-seventh day of June, 1902; that on December 1, 1904, a judgment for $2,913.58 was recovered in the district court of Park county, by the defendant Swindlehurst against said W. C. Officer, and thereafter, on June 26, 1905, an execution issued upon said judgment, and the defendant…

2Cases cited19 opinions

  1. Snyder v. FreeSupreme Court of Missouri · 1893
  2. Hart v. HessSupreme Court of Missouri · 1867
  3. Miller v. MillerIllinois Supreme Court · 1855
  4. Ionia County Savings Bank v. McLeanMichigan Supreme Court · 1891
  5. Young v. . HermanSupreme Court of North Carolina · 1887

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

3Cited by4 opinions

  1. Security State Bank v. McIntyreMontana Supreme Court · 1924
  2. First National Bank v. RobkeMontana Supreme Court · 1925
  3. Frary v. Roxana Petroleum Corp.Supreme Court of Kansas · 1931
  4. San Antonio v. SpencerMontana Supreme Court · 1928

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