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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CONTRACTS AND CONTRACTUAL RELATIONS
Chapter : Chapter 434 Contracts Against Public Policy
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All judgments by confession, conveyances, bonds, bills, notes and securities, when the consideration is money or property won at any game, gambling device, or by any bet or wager whatever, shall be void and may be set aside and vacated by any court of competent jurisdiction, upon suit brought for that purpose by the person so confessing, giving, entering into or executing the same, or by his executors or administrators or by any creditor, heir, devisee, purchaser or other person interested therein. (RSMo 1939 § 3394, A.L. 1953 p. 321)
Prior revisions: 1929 § 3007; 1919 § 5744; 1909 § 6625
The assignment of any bond, bill, note, judgment, conveyance or other security shall not affect the defense of the person executing or confessing the same. (RSMo 1939 § 3395)
Prior revisions: 1929 § 3008; 1919 § 5745; 1909 § 6626
The heirs, executors, administrators, wife and creditors of the person losing, may have the same remedy against the winner as provided in section 434.030. (RSMo 1939 § 3393, A.L. 1953 p. 321)
Prior revisions: 1929 § 3006; 1919 § 5743; 1909 § 6624
Every stakeholder who shall knowingly receive any money or property, staked upon any betting declared gaming by the foregoing provisions, shall be liable to the party who placed such money or property in his hands, both before and after the determination of such bet; and the delivery of the money or property to the winner shall be no defense to any action brought by the losing party for the recovery thereof; provided, that no stakeholder shall be liable afterward unless a demand has been made of such stakeholder for the money or property in his possession, previous to the expiration of the time agreed upon by the parties for the determination of the bet or wager. (RSMo 1939 § 3399) Prior revisions: 1929 § 3012; 1919 § 5749; 1909 § 6630
If any minor shall lose any money or property at any game, gambling device, or by any bet or wager whatever, the parent or conservator of such minor may sue for and recover from the winner such money or property, or the value thereof, so lost by such minor. (RSMo 1939 § 3396, A.L. 1953 p. 321, A.L. 1983 S.B. 44 & 45) Prior revisions: 1929 § 3009; 1919 § 5746; 1909 § 6627
In all suits under this chapter, the plaintiff may call upon the defendant to answer, on oath, any interrogatory touching the case in the manner and form prescribed by the rules of civil procedure, and if the defendant shall refuse to answer, the same shall be taken as confessed; but such answer shall not be admitted as evidence against such person in any criminal proceedings by indictment or by information. (RSMo 1939 § 3397, A.L. 1953 p. 321)
Prior revisions: 1929 § 3010; 1919 § 5747; 1909 § 6628
Any action for money or property brought under this chapter shall be commenced within three months from the time the right of action accrued, and not afterward. (RSMo 1939 § 3400)
Prior revisions: 1929 § 3013; 1919 § 5750; 1909 § 6631
1. Except as provided in subsection 2 of this section, in any contract or agreement for public or private construction work, a party's covenant, promise or agreement to indemnify or hold harmless another person from that person's own negligence or wrongdoing is void as against public policy and wholly unenforceable.
2. The provisions of subsection 1 of this section shall not apply to:
(1) A party's covenant, promise or agreement to indemnify or hold harmless another person from the party's own negligence or wrongdoing or the negligence or wrongdoing of the party's subcontractors and suppliers of any tier;
(2) A party's promise to cause another person or entity to be covered as an insured or additional insured in an insurance contract;
(3) A contract or agreement between state agencies or political subdivisions or between such governmental agencies;
(4) A contract or agreement between a private person and such governmental entities for the use or operation of public property or a public facility;
(5) A contract or agreement with the owner of the public property for the construction, use, maintenance or operation of a private facility when it is located on such public property;
(6) A permit, authorization or contract with such governmental entities for the movement of property on the public highways, roads or streets of this state or any political subdivision;
(7) Construction bonds, or insurance contracts or agreements;
(8) An agreement containing a party's promise to indemnify, defend or hold harmless another person, if the agreement also requires the party to obtain specified limits of insurance to insure the indemnity obligation and the party had the opportunity to recover the cost of the required insurance in its contract price; provided, however, that in such case the party's liability under the indemnity obligation shall be limited to the coverage and limits of the required insurance; or
(9) Railroads regulated by the Federal Railroad Administration.
3. For the purposes of this section, "construction work" shall include, but not be limited to, the construction, alteration, maintenance or repair of any building, structure, highway, bridge, viaduct, or pipeline, or demolition, moving or excavation connected therewith, and shall include the furnishing of surveying, design, engineering, planning or management services, or labor, materials or equipment, in connection with such work.
4. The provisions of this section shall apply only to contracts or agreements entered into after August 28, 1999. (L. 1999 H.B. 256)
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