Schaffner v. Schilling
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Equity will relieve parties from the consequences of a mistake of law as well as of fact, where the mistake is such a gross mistake of a plain principle of law as to involve great mental imbecility or credulous confidence in the opinion of others, or where the circumstances of the case would tend to deprive one party of his property and confer the same upon another without any consideration. — Story’s Eq.
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Appeal from St. Louis Circuit Court. Equity will relieve parties from the consequences of a mistake of law as well as of fact, where the mistake is such a gross mistake of a plain principle of law as to involve great mental imbecility or credulous confidence in the opinion of others, or where the circumstances of the case would tend to deprive one party of his property and confer the same upon another without any consideration. — Story’s Eq. PL, sects. 116-138, and see particularly sects. 138c, 138/, last edition; Adam’s Eq., marg. p. 190; Bispham’s Eq., sect. 187; Broom’s Leg. Max., marg. p.…
1Opinion of the CourtBakewell, J.
In this case there was final judgment for defendants on demurrer, and plaintiffs appeal. The facts admitted by the demurrer are as follows: Plaintiffs are husband and wife. Plaintiff Barbara, at the date of her marriage to her present husband, was the widow of John Schilling, who died in 1875 leaving two children by her, aged, at the date of this action, fourteen and seven respectively. These children are the defendants. After her husband’s death, Barbara received from insurance policies which her husband had during his life taken out for her benefit the sum of $4,700. John Schilling left a…
2Cases cited5 opinions
- Town v. NeedhamNew York Court of Chancery · 1831
- Charles v. DenisWisconsin Supreme Court · 1877
- Wickes v. ClarkeNew York Court of Chancery · 1836
- Read & Hoppock v. Mutual Safety InsuranceThe Superior Court of New York City · 1849
- Harney v. CharlesSupreme Court of Missouri · 1869
3Cited by1 opinion
- Martin v. McCabeSupreme Court of Missouri · 1948