Foster v. Kirby
Supreme Court of Missouri
Appeal from, St. Louis Law Commissioner’s Court. This action wa.s commenced in a justice’s court, to recover back from the defendant the sum of fifty dollars, alleged to have been overpaid by the plaintiff upon a promissory .note given by him to defendant.
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Appeal from, St. Louis Law Commissioner’s Court. This action wa.s commenced in a justice’s court, to recover back from the defendant the sum of fifty dollars, alleged to have been overpaid by the plaintiff upon a promissory .note given by him to defendant. The cause was tried in a justice’s court, where a judgment was rendered in favor of the defendant; an appeal was taken by the plaintiff to the law commissioner’s court of St. Louis county, where a retrial was had, and a verdict and judgment rendered for the plaintiff for the amount claimed, and the defendant then brought the cause to this…
1Opinion of the CourtBates, Judge
The statement of the case filed by the appellant is adopted as a correct statement of the case. This case must be reversed because of the refusal of the court below to grant defendant’s demand that the jury should consist of twelve persons. (Vaughn v. Scade, 30 Mo. 600.)
The instructions given at the trial were such as might well mislead the jury. They should have declared more explicitly, that, to enable the plaintiff to recover the money paid by him, it should appear that the money was paid under an actual mistake as to the amount which he owed the defend*499ant when he made the payment to him;…
2Cases cited1 opinion
- Vaughn v. ScadeSupreme Court of Missouri · 1860
3Cited by8 opinions
- Davis v. KrumMissouri Court of Appeals · 1882
- State v. Van MatreSupreme Court of Missouri · 1872
- Pensacola & Atlantic Railroad v. BraxtonSupreme Court of Florida · 1894
- Daily v. Board of CommissionersIndiana Supreme Court · 1905
- Henning v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
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