Jones v. Miners & Merchants Bank
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) It is a well-settled law in this State that money paid, under a mutual mistake of fact may he recovered back in an action for money bad and received. Davis v. Krum, 12 Mo. App. 279; Lyle v. Sbinnebarger, 17 •Mo. App. 74; Boon v. Miller’s Executors, 16 Mo. 457; Marion County v. Phillips, 45 Mo. 75; Koontz y. Bank, 51 Mo. 275; Dobson v. Winner, 26 Mo.
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Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. (1) It is a well-settled law in this State that money paid, under a mutual mistake of fact may he recovered back in an action for money bad and received. Davis v. Krum, 12 Mo. App. 279; Lyle v. Sbinnebarger, 17 •Mo. App. 74; Boon v. Miller’s Executors, 16 Mo. 457; Marion County v. Phillips, 45 Mo. 75; Koontz y. Bank, 51 Mo. 275; Dobson v. Winner, 26 Mo. App. 335; McDonald v. Lynch, 59 Mo. 350; Jordan v. Harrison, 46 Mo. App. 172; U. S. v. Barlow, 132 U. S. 27. (2) It is also well settled that it is immaterial • whether the…
1Opinion of the CourtCox, J.
Action for money had and received, trial by jury, and, at the close of plaintiff’s testimony, the court offered to give a peremptory instruction to find for the defendant, and plaintiff took a nonsuit with leave to move to set same aside, filed his motion for that purpose, which was overruled and he has appealed to this court.
*431The facts disclosed by tbe record in this' case are as follows: In November, 1903, G. A. Paul was in Jonesboro, Arkansas, and sold a span of horses to tbe plaintiff, E.'L. Jones, and received from Jones bis promissory note wbicb was in tbe following form:
“$200.00.…
2Cases cited9 opinions
- Cooke v. United StatesSupreme Court of the United States · 1875
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Koontz v. Central National BankSupreme Court of Missouri · 1873
- Northwestern National Bank v. Bank of CommerceSupreme Court of Missouri · 1891
- Beland v. Anheuser-Busch Brewing Ass'nSupreme Court of Missouri · 1900
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