Missouri Revised Statutes
Chapter 431 - General Provisions as to Contracts
Section 431.170 - Action against assignor by assignee, when.

Effective - 28 Aug 1939
431.170. Action against assignor by assignee, when. — The assignee of a bond, nonnegotiable note or account, may maintain an action against the assignor, upon failure to obtain payment from the obligor, maker or debtor, only in one of the following cases:
(1) If he use due diligence in the institution and prosecution of a suit against the obligor, maker or debtor, for the recovery of the money or property due, or damages in lieu thereof;
(2) If the obligor, maker or debtor is insolvent, or is not a resident of this state, so that a suit would be unavailing or could not be instituted.
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(RSMo 1939 § 3347)
Prior revisions: 1929 § 2960; 1919 § 2162; 1909 § 2776

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Structure Missouri Revised Statutes

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 431.056 - Minor's ability to contract for certain purposes — conditions — immunity from liability, when.

Section 431.058 - Relative caregiver may consent to immunization of child, when — definitions — parental decision supercedes relative caregiver — notice when child stops living with relative caregiver — limitations on liability, when — affidavit requ...

Section 431.060 - Contracts by persons under eighteen years of age — ratification necessary — how made.

Section 431.061 - Consent to surgical or medical treatment, who may give, when.

Section 431.062 - Minor cannot disaffirm contract, when — parents or guardian not liable, exception — disclosure by physician authorized, when.

Section 431.063 - Implied consent, when valid — lack of consent, when excused — emergency defined.

Section 431.064 - Experimental treatment, tests, and drugs, consent to administer by third party — life-threatening emergencies, consent by whom.

Section 431.065 - Minor spouse or parent may give consent, when.

Section 431.066 - Insurance benefits payable directly to minor, when — validity of receipt — disaffirmance prohibited.

Section 431.067 - Contracts of minors to borrow money for higher education — validity.

Section 431.068 - Persons seventeen or older may donate blood — written permission required for sixteen-year-olds.

Section 431.069 - Acquiring human tissues declared to be rendition of a service — transfusions or transplants declared not a sale — implied warranties, how limited.

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 431.180 - Contract for private design or construction work, scheduled payments — action for failure to pay, interest — arbitration — application.

Section 431.181 - Payments for the transportation of property to be made within thirty days after delivery, when — warranty repair work, reimbursement, rates.

Section 431.183 - Payment contingent upon payment from third party, not a defense to enforcement of lien.

Section 431.202 - Employment covenants enforceable, when — reasonability presumption.