Lyle v. Shinnebarger
Missouri Court of Appeals
Appeal from Nodaway Circuit Court, Hon. H. Sí Kelly, Judge. . The facts sufficiently appear in the opinion of the court. I. The first instruction, as qualified by the court, does not correctly state the law.
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Appeal from Nodaway Circuit Court, Hon. H. Sí Kelly, Judge. . The facts sufficiently appear in the opinion of the court. I. The first instruction, as qualified by the court, does not correctly state the law. A mistake of fact,’ though negligently or carelessly made, .does not prevent ■ a recovery; and even though the party has possession of the means of discovering the mistake, or once knew'the facts but has forgotten .them, he may recover. — Koontz v. Central National Bank, 51 Mo. 275; Fraker v. Little, 24 Kan. 598; Devine v. Edwards, 87 Ill. 177; Stanley, Rule & Co v. Brielsy, 45 Conn. 464;…
1Opinion of the Court
Opinion by
Ellison, J.
This suit was begun before a magistrate in Nodaway county to recover from respondent sixty dollars claimed to have been paid to him through a mistake of facts.
The circumstances under which the money was paid were as follows: The son of appellant, sometime during the summer of 1879, went to York county, Nebraska, leaving on his father’s farm in Nodaway county, Missouri, a growing crop of corn and a new cultivator plow. He made himself a home in Nebraska, and, while residing there, met with'respondent, who was then a resident farmer of the neighborhood. After some time had…
2Cases cited6 opinions
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Koontz v. Central National BankSupreme Court of Missouri · 1873
- Lewellen v. GarrettIndiana Supreme Court · 1877
- Devine v. EdwardsIllinois Supreme Court · 1877
- Fraker v. LittleSupreme Court of Kansas · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Douglas County v. KellerNebraska Supreme Court · 1895
- Jones v. Miners & Merchants BankMissouri Court of Appeals · 1910
- Dobson v. WinnerMissouri Court of Appeals · 1887
- Thompson v. National Bank of CommerceMissouri Court of Appeals · 1908
- Elsworth Coal Co. v. QuadeMissouri Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.