Effective - 28 Aug 1939
431.020. Instrument of writing to import consideration — due and payable as specified. — All instruments of writing made and signed by any person or his agent, whereby he shall promise to pay to any other, or his order, or unto bearer, any sum of money or property therein mentioned, shall import a consideration, and be due and payable as therein specified.
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(RSMo 1939 § 3345)
Prior revisions: 1929 § 2958; 1919 § 2160; 1909 § 2774
(1954) Where written contract on its face appears unilateral and unenforceable, this section does not apply to shift the burden of showing no consideration to defendant. Middleton v. Holecroft (A.), 270 S.W.2d 90.
(1955) Bond, given by purchaser of land to insure against forbidden use, which was executed by corporation in manner prescribed by statute, acknowledged and recorded held admissible in evidence and imported a consideration. Cook v. Tide Water Associated Oil Co. (A.), 281 S.W.2d 415.
(1961) Instrument worded "If at the time of my death you are still alive, I, Joseph Kaiser, I owe you $10,000 for value received" imported consideration and was a valid enforceable contract. Burrell v. Kaiser's Estate (A.), 344 S.W.2d 622.
Structure Missouri Revised Statutes
Title XXVIII - Contracts and Contractual Relations
Chapter 431 - General Provisions as to Contracts
Section 431.010 - Private seals abolished.
Section 431.020 - Instrument of writing to import consideration — due and payable as specified.
Section 431.030 - Provisions limiting time for bringing suits prohibited.
Section 431.040 - Fraud in sale of nursery stock — damages recoverable.
Section 431.050 - Failure of nurserymen to deliver at proper time and season, contract voidable.
Section 431.055 - Persons competent to contract when eighteen years of age.
Section 431.061 - Consent to surgical or medical treatment, who may give, when.
Section 431.063 - Implied consent, when valid — lack of consent, when excused — emergency defined.
Section 431.065 - Minor spouse or parent may give consent, when.
Section 431.067 - Contracts of minors to borrow money for higher education — validity.
Section 431.070 - Contracts with counties, effect.
Section 431.080 - Suit may be instituted thereon.
Section 431.090 - County commission may appoint agent to contract for county.
Section 431.100 - Claims against county for work and labor.
Section 431.110 - Joint contracts to be construed as joint and several.
Section 431.120 - Joint debt shall survive, against whom.
Section 431.130 - Survival of debt, against whom.
Section 431.140 - Joint obligations — suit brought against whom.
Section 431.150 - Creditor may compound with one of several debtors — release — what sums.
Section 431.160 - Assignor shall not release demand, when — title of assignee.
Section 431.170 - Action against assignor by assignee, when.
Section 431.202 - Employment covenants enforceable, when — reasonability presumption.