Supreme Court of South Carolina, 1926

Ex Parte Bomar

Supreme Court of South Carolina · Decided March 2, 1926 · Watts, Gary, Messrs, Brease, Stabrer, Cothran

131 S.E. 771; 134 S.C. 42; 1926 S.C. LEXIS 16 (South Eastern Reporter)

Counsel

Mr. Henry K. Townes , for appellant, Mrs. Alice Goddard , cites: Insane person liable quasi ex contractu for necessaries: 11 Rich., 178; 8 Rich. Eq., 286; 3 Brev., 389; 1 Treadway, 448; 22 Cyc., 1200. Case distinguished: 38 S.C. 165 . Service rendered presumed not gratuitous between aunt and niece: 40 Cyc., 2823. Liability of estate for nursing decedent during last illness: 36 S.C. 118 ; Dudley, 337. Messrs. Martin Blythe , for appellant, Dora Bomar , cite: Presumptions as to intention to charge for services rendered; near relatives: 129 S.C. 11 . Agreement to pay daughter for services enforceable: 4 DeS. Eq., 185. Surrounding circumstances showing services not gratuitous: 118 S.C. 30 ; 80 S.C. 157 ; Cheves Eq., 167. Surrounding circumstances showing services gratuitous: 103 S.C. 370 ; 38 S.C. 158 ; 34 S.C. 255 . Moral right to remuneration for services to aged relative: 129 S.C. 11 . Messrs. Bonham, Price Poag , for respondent, cite: Insufficient evidence of intention to pay for services rendered: 131 S.C. 414 ; 127 S.E., 719 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This being a law case and having been decided by the Probate Court and Circuit Court against the contention of the appellants, and the reasons assigned by his Honor, Judge *46 Mauldin, being satisfactory to us, it is the judgment of this Court that the judgment of the Circuit Court be affirmed.

Mr. Chief Justice Gary and Messrs. Justices Brease and Stabrer concur. Mr. Justice Cothran disqualified.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.