72 Mo. 73 | Mo. | 1880
This is an action of replevin commenced before a justice of the peace to recover the possession of
Upon this state of facts the court instructed the jury as follows, on behalf of plaintiff: “ If the plaintiff, at the time he contracted with the defendant for the exchange of horses, was a person of unsound mind and incapable of comprehending the business in which he was engaged and
The case of Tolson, Admr., v. Garner, 15 Mo. 340, by which the trial court seems to have been guided in giving and refusing instructions, fully warranted its action in that respect. The case referred to goes further than the trial court did in this case, for there a recovery was allowed upon an instruction telling the jury that if they believed Mrs. Tolson, at the time the bill of sale was executed, was of unsound mind and not capable to contract, that they must find for her administrator. The right to recover was neither predicated on making a demand nor an offer to return the consideration. Judgment affirmed.