Foster v. Kirby
Cases that cite this one
8 later published cases cite this decision.
- Henning v. Hannibal & St. Joseph Railroad (Mo. 1865)
- Daily v. Board of Commissioners (Ind. 1905)
- Scott v. Young (Mo. Ct. App. 1905)
- Pensacola & Atlantic Railroad v. Braxton (Fla. 1894)
- Ashley v. Jennings (Mo. Ct. App. 1892)
- Davis v. Krum (Mo. Ct. App. 1882)
- State v. Van Matre (Mo. 1872)
- Aka v. Anderson (Mo. 1863)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
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
the judgment below is reversed and cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.