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Home > Statutes > Usa Missouri
USA Statutes : missouri
Title : CONTRACTS AND CONTRACTUAL RELATIONS
Chapter : Chapter 434 Contracts Against Public Policy
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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