reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.150 - Lien for keeping or training horses and other animals.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1939
430.150. Lien for keeping or training horses and other animals. —
Every person who shall keep, board or train any horse, mule or other animal, shall, for the amount due therefor, have a lien on such animal, and on any vehicle, harness or equipment coming into his possession therewith, and no owner or claimant shall have the right to take any such property out of the custody of the person having such lien, except with his consent or on the payment of such debt; and such lien shall be valid against said property in the possession of any person receiving or purchasing it with notice of such claim.
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(RSMo 1939 § 3580)
Prior revisions: 1929 § 3190; 1919 § 7250; 1909 § 8238
(1959) Owner held liable for the reasonable value of feed and care, such as veterinary costs, hay and additional cost of pasturage furnished cattle by landowner under oral agreement for pasturage. Crouch v. Brookshire (A.), 330 S.W.2d 592.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.160 - Enforcement of liens.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 02 Jan 1979, see footnote
430.160. Enforcement of liens. —
The lien provided for in section 430.150 shall be enforced as follows: The person claiming the lien shall file in circuit court, before a circuit or associate circuit judge, in the county in which he resides, a statement duly verified by himself, his agent or attorney, setting forth his account and a description of the property on which the lien is claimed, and thereupon the court shall issue a summons, as in ordinary civil actions, returnable forthwith; and upon a return of the summons, duly served, shall set the cause for hearing at any time after the lapse of one day. If summons be returned "defendant not found", and if it be proved to the satisfaction of the court that the defendant is not a resident of the county, the court shall order a notice of the proceedings to be published for three successive days, in a daily newspaper, if one be published in the county, and if there be none, then once in a weekly, if such be published in the county; and if no paper be published in the county, then by six handbills put up in six public places in the county, notifying the defendant of the filing and the particulars of the account, the description of the property on which the lien is claimed, its whereabouts, and the day and place set for the hearing of the cause, which shall be at least ten days from the day of the last publication of the notice or the posting thereof; and the proof of such publication or of the posting of such notice shall be filed in the court on or before the day of trial. When the defendant shall have been summoned or notified as aforesaid, the cause shall, on the day fixed for trial, be tried as any ordinary case before an associate circuit judge or a circuit judge, as the case may be. If the judgment be for the plaintiff, the court shall order the property upon which the lien shall have been found to exist to be sold to satisfy the same. If the lien be not established, and the defendant shall not have been summoned, or shall not have voluntarily appeared to the action, the cause shall be dismissed at the cost of the plaintiff. If the defendant shall have been summoned, or shall have appeared to the action, and the plaintiff shall have established an indebtedness on the account sued on, but shall have failed to establish the lien claimed, the judgment shall be for the plaintiff for such indebtedness, but the cost of suit, or any part thereof, may be taxed against him.
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(RSMo 1939 § 3581, A.L. 1945 p. 1140, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3191; 1919 § 7251; 1909 § 8239
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.165 - Lien for the care of animals lawfully impounded, who entitled to.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1963
430.165. Lien for the care of animals lawfully impounded, who entitled to. —
1. Any animal lawfully impounded under the laws of this state or ordinances of any of its political subdivisions may be placed by the impounding officer in the care of any incorporated humane society or other responsible person designated by the impounding authority.
2. Any incorporated humane society or other person designated to care for an animal under the provisions of subsection 1 shall be entitled to a lien on the animal for the reasonable cost of the care of the animal, as provided in sections 430.150 and 430.160.
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(L. 1963 p. 646 § 1)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.170 - Owner to advertise terms — publication imparts notice.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1939
430.170. Owner to advertise terms — publication imparts notice. —
The owner or keeper of any stallion, jack or bull may advertise the terms upon which he will let any such animal to service, by publication thereof in some newspaper of the county where such animal is kept, for sixty days during the season of each year, or by printed handbills conspicuously posted during such period, in four or more public places in said county, including the place where such animal is kept; and the publication or posting as aforesaid of the terms of such service shall impart notice thereof to the owner of any female animal served by such stallion, jack or bull during any such season; and in all actions and controversies in respect to the foal or other product of such service, the owner of such female animal so served shall be deemed to have accepted and assented to said terms, when so advertised and published or posted as provided herein.
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(RSMo 1939 § 3582)
Prior revisions: 1929 § 3192; 1919 § 7252; 1909 § 8240
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.180 - Publication or posting terms of service sufficient notice of lien on offspring.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1965
430.180. Publication or posting terms of service sufficient notice of lien on offspring. —
When the terms of the service by the animal, published or posted as provided in section 430.170, provides that the foal or other product of the service will be held for the money due for the service of the stallion, jack or bull, then and in that event the owner or keeper of the animal shall have a lien for the sum on the offspring of any female animal served, for the period of one year after the birth thereof. The lien shall be preferred to any prior lien, encumbrance or security agreement whatever; and the publication or posting as aforesaid of the terms of the service shall be deemed notice to any third party of the existence of the lien.
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(RSMo 1939 § 3583, A.L. 1965 p. 114)
Prior revisions: 1929 § 3193; 1919 § 7253; 1909 § 8241
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.200 - Giving false pedigree forfeits claim.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1939
430.200. Giving false pedigree forfeits claim. —
If any keeper of such stallion, jack or bull shall offer and advertise to let the service of any such animal, and shall give a false or fictitious pedigree, knowing the same to be false, or shall falsely represent said animal to be recorded or eligible to record in any of the various books of record kept for recording animals of that breed, he shall forfeit all claim to the value of the services rendered by any such animal, and shall not be entitled to the benefits of any provision of sections 430.150 to 430.220.
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(RSMo 1939 § 3585)
Prior revisions: 1929 § 3195; 1919 § 7255; 1909 § 8243
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.210 - Lienor may proceed by replevin.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1939
430.210. Lienor may proceed by replevin. —
For the purpose of enforcing such lien upon default in the payment of the sum secured, the lienor may proceed by replevin in any court of competent jurisdiction and possess himself of the encumbered property, and hold the same subject to such judgment as he shall recover.
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(RSMo 1939 § 3586)
Prior revisions: 1929 § 3196; 1919 § 7256; 1909 § 8244
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.220 - Judgment, amount, how enforced.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 02 Jan 1979, see footnote
430.220. Judgment, amount, how enforced. —
Upon the rendition of judgment, if for the lienor, it shall be for the sum found to be due, with costs of suit, and that the lien be enforced against the property by execution and sale as in ordinary sales under execution, but if such finding be for defendant, judgment shall be entered in his favor as in ordinary actions of replevin.
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(RSMo 1939 § 3587, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3197; 1919 § 7257; 1909 § 8245
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.225 - Definitions — distribution of insurance proceeds — limitation on liability.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 2006, 2 histories
430.225. Definitions — distribution of insurance proceeds — limitation on liability. —
1. As used in sections 430.225 to 430.250, the following terms shall mean:
(1)
"Claim"
, a claim of a patient for:
(a) Damages from a tort-feasor; or
(b) Benefits from an insurance carrier;
(2)
"Clinic"
, a group practice of health practitioners or a sole practice of a health practitioner who has incorporated his or her practice;
(3)
"Health practitioner"
, a chiropractor licensed pursuant to chapter 331, a podiatrist licensed pursuant to chapter 330, a dentist licensed pursuant to chapter 332, a physical therapist licensed under chapter 334, a physician or surgeon licensed pursuant to chapter 334, or an optometrist licensed pursuant to chapter 336, while acting within the scope of their practice;
(4)
"Insurance carrier"
, any person, firm, corporation, association or aggregation of persons conducting an insurance business pursuant to chapter 375, 376, 377, 378, 379, 380, 381, or 383;
(5)
"Other institution"
, a legal entity existing pursuant to the laws of this state which delivers treatment, care or maintenance to patients who are sick or injured;
(6)
"Patient"
, any person to whom a health practitioner, hospital, clinic or other institution delivers treatment, care or maintenance for sickness or injury caused by a tort-feasor from whom such person seeks damages or any insurance carrier which has insured such tort-feasor.
2. Clinics, health practitioners and other institutions, as defined in this section, shall have the same rights granted to hospitals in sections 430.230 to 430.250.
3. If the liens of such health practitioners, hospitals, clinics or other institutions exceed fifty percent of the amount due the patient, every health care practitioner, hospital, clinic or other institution giving notice of its lien, as aforesaid, shall share in up to fifty percent of the net proceeds due the patient, in the proportion that each claim bears to the total amount of all other liens of health care practitioners, hospitals, clinics or other institutions.
"Net proceeds"
, as used in this section, means the amount remaining after the payment of contractual attorney fees, if any, and other expenses of recovery.
4. In administering the lien of the health care provider, the insurance carrier may pay the amount due secured by the lien of the health care provider directly, if the claimant authorizes it and does not challenge the amount of the customary charges or that the treatment provided was for injuries caused by the tort-feasor.
5. Any health care provider electing to receive benefits hereunder releases the claimant from further liability on the cost of the services and treatment provided to that point in time.
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(L. 1999 H.B. 343, A.L. 2003 H.B. 121, A.L. 2006 S.B. 1057)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.230 - Hospitals to have liens — when, against whom.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1971
430.230. Hospitals to have liens — when, against whom. —
Every public hospital or clinic, and every privately maintained hospital, clinic or other institution for the care of the sick, which is supported in whole or in part by charity, located within the state of Missouri, or any such hospital duly incorporated under the laws of Missouri providing for the incorporation of eleemosynary institutions, shall have a lien upon any and all claims, counterclaims, demands, suits, or rights of action of any person admitted to any hospital, clinic or other institution and receiving treatment, care or maintenance therein for any cause including any personal injury sustained by such person as the result of the negligence or wrongful act of another, which such injured person may have, assert or maintain against the person or persons causing such injury for damages on account of such injury, for the cost of such services, computed at reasonable rates not to exceed twenty-five dollars per day and the reasonable cost of necessary X-ray, laboratory, operating room and medication service, as such hospital, clinic, or other institution shall render such injured person on account of his conditions; provided further, that the lien herein set forth shall not be applied or considered valid against anyone coming under the workers' compensation law in this state.
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(L. 1941 p. 371 § 1, A.L. 1971 H.B. 552)
(1989) Because a wrongful death settlement is for the use and benefit of those who sue or are entitled to sue and because wrongful death is not a claim or cause of action brought on the part of the injured person, a hospital lien does not attach the settlement of a wrongful death claim. American Family Mutual Insurance Company v. Ward, 774 S.W.2d 135 (Mo. banc).
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.235 - Hospital liens to be valid against medical benefits paid to public assistance recipients.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 16 Jun 1981, see footnote
430.235. Hospital liens to be valid against medical benefits paid to public assistance recipients. —
Notwithstanding the provisions of section 430.230, every public hospital or clinic, and every privately maintained hospital, clinic or other institution for the care of the sick, which is supported in whole or in part by charity, located within the state of Missouri, or any such hospital duly incorporated under the laws of Missouri providing for the incorporation of eleemosynary institutions, shall have a lien upon any and all claims, counterclaims, demands, suits, or rights of action of any person admitted to any hospital, clinic or other institution and receiving treatment, care or maintenance therein for any cause including any personal injury sustained by such person as the result of the negligence or wrongful act of another, which such injured person may have, assert or maintain against the person or persons causing such injury for damages on account of such injury, for the cost of such services, computed at reasonable rates not to exceed the customary charges for the services and the customary charges for necessary X-ray, laboratory, operating room and medication services as such hospital, clinic or other institution shall render such injured person on account of his conditions. The lien set forth in this section shall not be applied or considered valid against anyone coming under the workers' compensation law in this state. The lien set forth in this section shall be considered valid and may be applied against medical benefits paid anyone under the provisions of chapter 208, whether such benefits are paid from state or federal funds, or a combination thereof.
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(L. 1981 H.B. 901 § 2)
Effective 6-16-81
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.240 - Notice to be given.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 2012
430.240. Notice to be given. —
No such lien shall be effective, however, unless a written notice containing the name and address of the injured person, the date of the accident, the name and location of the hospital and the name of the person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries received shall be sent by certified mail with return receipt requested to the person or persons, firm or firms, corporation or corporations, if known, alleged to be liable to the injured party, if known, for the injuries sustained prior to the payment of any moneys to such injured person, his attorneys or legal representative, as compensation for such injuries. Such hospital shall send by certified mail with return receipt requested a copy of such notice to any insurance carrier, if known, which has insured such person, firm or corporation against such liability.
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(L. 1941 p. 371 § 11, A.L. 2012 S.B. 485)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.250 - Liability for failure to pay hospital.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1941
430.250. Liability for failure to pay hospital. —
Any person or persons, firm or firms, corporation or corporations, including an insurance carrier, making any payment to such patient or to his attorneys or heirs or legal representatives as compensation for the injury sustained, after the receipt of such notice in accordance with the requirements of section 430.240, without paying to such hospital the amount of its lien or so much thereof as can be satisfied out of fifty percent of the moneys due to such patient under any final judgment or compromise or settlement agreement after paying the amount of attorneys' liens, federal and Missouri workers' compensation liens, and any prior liens, shall have a period of one year, after such settlement is made known to the hospital, from the date of payment to such patient or his heirs, attorneys or legal representatives, as aforesaid, be and remain liable to such hospital for the amount which such hospital was entitled to receive, as aforesaid, and any such association, corporation or other institution maintaining such hospital may, within such period, enforce its lien by a suit at law against such person or persons, firm or firms, corporation or corporations making any such payment.
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(L. 1941 p. 371 § 111)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.330 - State's claim paramount — exceptions.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 01 Jan 1981, see footnote
430.330. State's claim paramount — exceptions. —
Whenever any person indebted to the state of Missouri is insolvent, or whenever the estate of any deceased debtor in the hands of the executors or administrators is insufficient to pay all the debts due from the deceased, the debts due to the state of Missouri shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor not having sufficient property to pay all his debts makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed; provided, that nothing in sections 430.330 to 430.350 contained shall be construed to interfere with the priority of the United States as secured by law, or with the priority for the payment of claims in decedents' estates as prescribed by section 473.397.
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(RSMo 1939 § 3542, A.L. 1980 S.B. 637)
Prior revisions: 1929 § 3152; 1919 § 7212; 1909 § 8208
Effective 1-01-81
CROSS REFERENCES:
Assessments, forfeitures under banking laws, priority on insolvency of corporation, 361.190
Benefit assessments for special road districts, lien on property, 233.225, 233.240, 233.370
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.340 - Liability of executors and administrators.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1939
430.340. Liability of executors and administrators. —
Every executor, administrator, assignee or other person who pays any debt due by the person or estate for whom or for which he acts before he satisfies and pays the debts due to the state of Missouri from such person or estate, shall become answerable in his own person and estate for the debt so due to the state of Missouri, or so much thereof as may remain due and unpaid.
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(RSMo 1939 § 3543)
Prior revisions: 1929 § 3153; 1919 § 7213; 1909 § 8209
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.350 - Rights of sureties who pay bonds of insolvent or deceased principals.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1939
430.350. Rights of sureties who pay bonds of insolvent or deceased principals. —
Whenever the principal in any bond given to the state of Missouri is insolvent, or whenever such principal being deceased, his estate and effects which come to the hands of his executor, administrator or assignee are insufficient for the payment of his debts, and in either of such cases, any surety on the bond, or the executor, administrator or assignee of such surety, pays to the state of Missouri the money due upon such bond, said surety, his executor or administrator or assignee, shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such insolvent or deceased principal as is secured to the state of Missouri, and may bring and maintain a suit upon the bond in law or equity in his own name for the recovery of all moneys paid thereon.
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(RSMo 1939 § 3544)
Prior revisions: 1929 § 3154; 1919 § 7214; 1909 § 8210
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.360 - Wages — payable when — priority of claim for.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
Effective - 28 Aug 1939
430.360. Wages — payable when — priority of claim for. —
1. All corporations shall make payment to their employees and other operatives, of wages due for all labor and services performed by them, within three months next preceding a demand made therefor, not exceeding one hundred dollars, in preference to any other claim, debts or demands whatsoever, not secured by specific liens on property; and such priority of payment may be enforced by civil action.
2. Payment of wages shall be made on or before the fifteenth day of each month for the full amount of all wages earned previous to the first day of that month, with interest at six percent, if not paid, to be added to the amount of said wages when paid or recovered by suit.
3. All debts due employees or operatives for wages of their labor shall have priority of payment from the money and assets of the corporations in the hands of officers or agents or any receiver or assignee, over every other claim not specifically secured.
4. Every corporation, officer, agent, receiver, assignee, or person holding money or assets, refusing to recognize the priority of employees' claims, shall be liable to such employees for the amount of all loss and damages occasioned by his unlawfully withholding the money.
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(RSMo 1939 § 5063)
Prior revisions: 1929 § 4587; 1919 § 9779; 1909 § 3019
CROSS REFERENCE:
Laborers and servants preferred creditors, when, 513.055 to 513.065
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.400 - Definitions.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1984
430.400. Definitions. —
As used in sections 430.400 to 430.407, the following terms mean:
(1)
"Customer"
, any individual or entity who causes a plastic fabricator to fabricate, cast or otherwise make a die, mold, form, or pattern; or who causes a plastic fabricator to use a die, mold, form or pattern to manufacture, assemble, or otherwise make a plastic product;
(2)
"Plastic fabricator"
, any individual or entity who fabricates, casts or otherwise makes a die, mold, form or pattern; or who uses a die, mold, form or pattern to manufacture, assemble, or otherwise make a plastic product.
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(L. 1984 H.B. 975 § 1)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.403 - Plastic fabricator's lien on die, mold, form, pattern — fabricator to retain possession, when — priority of lien.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1984
430.403. Plastic fabricator's lien on die, mold, form, pattern — fabricator to retain possession, when — priority of lien. —
Every plastic fabricator shall have a lien dependent on possession on any die, mold, form or pattern in his possession belonging to the customer for the amount due from such customer for plastic fabrication work performed upon the die, mold, form or pattern. A plastic fabricator may retain possession of the die, mold, form or pattern until such amount due is paid or until such time as
*
the customer has posted with the clerk of the circuit court of the county in which the mold is located a bond in an amount equal to the amount in dispute. Such lien shall have priority over any other unperfected security interest or right in or to the mold, die, form or pattern.
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(L. 1984 H.B. 975 § 2)
*Word "as" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.405 - Suit to enforce lien, customer's alternatives — counterclaim, effect.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1984
430.405. Suit to enforce lien, customer's alternatives — counterclaim, effect. —
In any suit to enforce a lien under sections 430.400 to 430.407, the customer may be allowed to pay into court the amount claimed by the lienor, and such additional amount, to cover interest and costs, as the court may direct. In the alternative the customer may file a written undertaking, with two or more securities, to be approved by the court, to the effect that he will pay any judgment that may be recovered, together with costs, and on the payment of such money into the court, or the approval of such undertaking, the court shall order possession of the mold to be returned to the customer, and any money so paid shall be subject to the final decree of the court. In the event that a counterclaim is filed in any action described in sections 430.400 to 430.407 and that counterclaim is related to the work performed by the lienor, then the lienor shall be subject to the provisions of this section before any lien under sections 430.400 to 430.407 can be enforced.
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(L. 1984 H.B. 975 § 3)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 430 - Statutory Liens Against Personalty — Preferred Claims › Section 430.407 - Sale proceeds — excess — insufficiency — violation of patent or copyright prohibited — release of mold, when.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 430
• Effective - 28 Aug 1984
430.407. Sale proceeds — excess — insufficiency — violation of patent or copyright prohibited — release of mold, when. —
1. If the sale is for a sum greater than the amount of the lien, any excess shall be paid to the customer and any prior lienholder. In the event that the proceeds of the sale are insufficient to satisfy the lien, the plastic fabricator shall be entitled to a personal judgment for the deficiency against the customer.
2. No sale shall be made under sections 430.400 to 430.407 if it would be in violation of any right of a customer under federal patent or copyright law, but the judge may order the customer to fully satisfy his indebtedness to the plastic fabricator prior to release of the mold to the customer.
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(L. 1984 H.B. 975 §§ 4, 5)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.010 - Private seals abolished.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
Effective - 28 Aug 1939
431.010. Private seals abolished. —
The use of private seals in written contracts, conveyances of real estate, and all other instruments of writing heretofore required by law to be sealed (except the seals of corporations), is hereby abolished, but the addition of a private seal to any such instrument shall not in any manner affect its force, validity or character, or in any way change the construction thereof.
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(RSMo 1939 § 3344)
Prior revisions: 1929 § 2957; 1919 § 2159; 1909 2773
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.020 - Instrument of writing to import consideration — due and payable as specified.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
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.
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.030 - Provisions limiting time for bringing suits prohibited.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
Effective - 28 Aug 1939
431.030. Provisions limiting time for bringing suits prohibited. —
All parts of any contract or agreement hereafter made or entered into which either directly or indirectly limit or tend to limit the time in which any suit or action may be instituted, shall be null and void.
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(RSMo 1939 § 3351)
Prior revisions: 1929 § 2964; 1919 § 2166; 1909 § 2780
CROSS REFERENCE:
Parties may reduce time for suit from four years to not less than one year by agreement, 400.2-725
(1965) This section includes insurance policies. Lumbermen's Mutual Casualty Co. v. Norris Grain Co., 343 F.2d 670.
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.040 - Fraud in sale of nursery stock — damages recoverable.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
Effective - 28 Aug 1939
431.040. Fraud in sale of nursery stock — damages recoverable. —
Any person, firm or corporation doing business in this state as nurserymen or tree dealers, who shall falsely represent the grade or variety of any fruit trees, vines, shrubs, plants or bulbs which they sell, shall be guilty of a misdemeanor, and responsible for double the purchase price of such fruit trees, vines, shrubs, plants or bulbs as damage, to be recovered by the purchaser of same.
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(RSMo 1939 § 14059)
Prior revisions: 1929 § 12392; 1919 § 11962; 1909 § 628
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.050 - Failure of nurserymen to deliver at proper time and season, contract voidable.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
Effective - 28 Aug 1939
431.050. Failure of nurserymen to deliver at proper time and season, contract voidable. —
Any nurserymen or tree dealers who shall sell and contract to deliver any fruit trees, vines, shrubs, plants or bulbs for planting, and shall fail to deliver said fruit trees, vines, shrubs, plants or bulbs at a time and season proper for the planting and growth of such fruit trees, vines, shrubs, plants or bulbs, said contract shall be voidable at the option of the purchaser, who shall have the further right of recovery for any damage they may incur by the failure to receive said fruit trees, vines, shrubs, plants or bulbs at a proper season for the planting and growth of said fruit trees, vines, shrubs, plants or bulbs.
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(RSMo 1939 § 14060)
Prior revisions: 1929 § 12393; 1919 § 11963; 1909 § 629
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.055 - Persons competent to contract when eighteen years of age.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
Effective - 07 Jan 1975, see footnote
431.055. Persons competent to contract when eighteen years of age. —
The legal age at which a person becomes competent to contract in Missouri is eighteen years and any rule or provision of the common law to the contrary is hereby abrogated.
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(L. 1974 2d Ex. Sess. S.B. 3 § 2)
Effective 1-07-75
CROSS REFERENCE:
Conveyances by minors binding, when, 442.080
(1979) Covenant not to sue is contract within meaning of term "contract" as to 18 years of age as legal age at which person becomes competent to contract. Holoman v. Harris (A.), 585 S.W.2d 530.
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.060 - Contracts by persons under eighteen years of age — ratification necessary — how made.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
• Effective - 07 Jan 1975, see footnote
431.060. Contracts by persons under eighteen years of age — ratification necessary — how made. —
No action shall be maintained whereby to charge any person upon any debt contracted before such person becomes eighteen years of age, unless such person shall have ratified the same by some other act than a verbal promise to pay the same; and the following acts on the part of such person after he becomes eighteen years of age shall constitute a ratification of such debt:
(1) An acknowledgment of, or promise to pay such debt, made in writing;
(2) A partial payment upon such debt;
(3) A disposal of part or all of the property for which such debt was contracted;
(4) A refusal to deliver property in his possession or under his control, for which such debt was contracted, to the person to whom the debt is due, on demand therefor made in writing.
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(RSMo 1939 § 3358, A.L. 1974 2d Ex. Sess. S.B. 3)
Prior revisions: 1929 § 2971; 1919 § 2173; 1909 § 2786
Effective 1-07-75
CROSS REFERENCE:
Contracts for attorney fees and expenses of suit, 507.182 to 507.186
(1955) Where infant, on misrepresentation of his age, negotiated loan and mortgage from bank, he was precluded from recovering from bank deposits which the bank had applied on his loan after it became due and unpaid. Infancy, however, held defense to counterclaims of bank for the difference between infant's loans and his deposits. Byers v. Lemay Bank & Trust Co., 365 Mo. 341, 282 S.W.2d 512.
(1959) Infant who induces another to contract with him by misrepresenting to adults that he is of age, resulting in injury, is liable in tort and probate court record of guardianship is not constructive notice that minor is not of age. Royal Finance Co. v. Schaefer (A.), 330 S.W.2d 129.
(1961) In action by landlord against married minor for rent and damages to premises landlord could not recover on ground housing constituted necessity in absence of showing that minor was not supplied with suitable housing by his parent or guardian or of reasonable rental value of rooms occupied. Johnson v. Horton (A.), 343 S.W.2d 653, cert. denied 82 S.Ct. 529.
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.061 - Consent to surgical or medical treatment, who may give, when.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
• Effective - 28 Aug 2014
431.061. Consent to surgical or medical treatment, who may give, when. —
1. In addition to such other persons as may be so authorized and empowered, any one of the following persons if otherwise competent to contract, is authorized and empowered to consent, either orally or otherwise, to any surgical, medical, or other treatment or procedures, including immunizations, not prohibited by law:
(1) Any adult eighteen years of age or older for himself;
(2) Any parent for his minor child in his legal custody;
(3) Any minor who has been lawfully married and any minor parent or legal custodian of a child for himself, his child and any child in his legal custody;
(4) Any minor for himself in case of:
(a) Pregnancy, but excluding abortions;
(b) Venereal disease;
(c) Drug or substance abuse including those referred to in chapter 195;
(5) Any adult standing in loco parentis, whether serving formally or not, for his minor charge in case of emergency as defined in section 431.063;
(6) Any guardian of the person for his ward;
(7) Any relative caregiver of a minor child as provided for under section 431.058.
2. The provisions of sections 431.061 and 431.063 shall be liberally construed, and all relationships set forth in subsection 1 of this section shall include the adoptive and step-relationship as well as the natural relationship and the relationship by the half blood as well as by the whole blood.
3. A consent by one person so authorized and empowered shall be sufficient notwithstanding that there are other persons so authorized and empowered or that such other persons shall refuse or decline to consent or shall protest against the proposed surgical, medical or other treatment or procedures.
4. Any person acting in good faith and not having been put on notice to the contrary shall be justified in relying on the representations of any person purporting to give such consent, including, but not limited to, his identity, his age, his marital status, and his relationship to any other person for whom the consent is purportedly given.
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(L. 1971 H.B. 73 § 1, A.L. 1977 S.B. 48, A.L. 2014 S.B. 532)
CROSS REFERENCES:
Consent to immunization may be delegated to relative caregivers, when, 431.058
Mandatory insurance coverage of immunizations, exceptions, 376.1215
(1985) Section 431.062, RSMo, requires that a parent must expressly agree to pay for any treatment provided under this section, or he is not liable for such payment. Missouri Osteopathic Foundation v. Ott, (A.) 702 S.W.2d 495.
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.062 - Minor cannot disaffirm contract, when — parents or guardian not liable, exception — disclosure by physician authorized, when.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
• Effective - 28 Aug 2014
431.062. Minor cannot disaffirm contract, when — parents or guardian not liable, exception — disclosure by physician authorized, when. —
Whenever a minor is examined, treated, hospitalized, or receives medical or surgical care under subdivision (4) of subsection 1 of section 431.061:
(1) His consent shall not be subject to disaffirmance or revocation because of minority;
(2) The parent, parents, conservator, or relative caregiver shall not be liable for payment for such care unless the parent, parents, conservator, or relative caregiver has expressly agreed to pay for such care;
(3) A physician or surgeon may, with or without the consent of the minor patient, advise the parent, parents, conservator, or relative caregiver of the examination, treatment, hospitalization, medical and surgical care given or needed if the physician or surgeon has reason to know the whereabouts of the parent, parents, conservator, or relative caregiver. Such notification or disclosure shall not constitute libel or slander, a violation of the right of privacy or a violation of the rule of privileged communication. In the event that the minor is found not to be pregnant or not afflicted with a venereal disease or not suffering from drug or substance abuse, then no information with respect to any appointment, examination, test or other medical procedure shall be given to the parent, parents, conservator, relative caregiver, or any other person.
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(L. 1971 H.B. 73 § 2, A.L. 1983 S.B. 44 & 45, A.L. 1987 H.B. 357, A.L. 2014 S.B. 532)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.063 - Implied consent, when valid — lack of consent, when excused — emergency defined.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
• Effective - 28 Aug 1977
431.063. Implied consent, when valid — lack of consent, when excused — emergency defined. —
In addition to any other instances in which a lack of consent is excused or in which a consent is implied at law, a consent to surgical or medical treatment or procedures shall be implied where an emergency exists if there has been no protest or refusal of consent by a person authorized and empowered to consent, or, if so, there has been a subsequent change in the condition of the person affected that is material and morbid, and there is no one immediately available who is authorized, empowered, willing and capacitated to consent. For the purposes hereof, an
"emergency"
is defined as a situation wherein, in competent medical judgment, the proposed surgical or medical treatment or procedures are immediately or imminently necessary and any delay occasioned by an attempt to obtain a consent would reasonably jeopardize the life, health or limb of the person affected, or would reasonably result in disfigurement or impairment of faculties.
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(L. 1971 H.B. 73 § 3, A.L. 1977 S.B. 48)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.064 - Experimental treatment, tests, and drugs, consent to administer by third party — life-threatening emergencies, consent by whom.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
• Effective - 12 Jun 2006, 3 histories, see footnote
431.064. Experimental treatment, tests, and drugs, consent to administer by third party — life-threatening emergencies, consent by whom. —
1. When an adult person, because of a medical condition, is treated by a teaching hospital for a medical school accredited by the American Osteopathic Association or the American Medical Association and such person is incapable of giving informed consent for an experimental treatment, test or drug, then such treatment, test or drug may proceed upon obtaining consent of a legal guardian, attorney-in-fact, or a family member in the following order of priority:
(1) Spouse unless the patient has no spouse, or is separated, or the spouse is physically or mentally incapable of giving consent, or the spouse's whereabouts is unknown or the spouse is overseas;
(2) Adult child;
(3) Parent;
(4) Brother or sister;
(5) Relative by blood or marriage.
2. Nothing in this section shall authorize such legal guardian, attorney-in-fact, or family member to consent to treatment in contravention to such incapacitated person's expressed permission regarding such treatment.
3. In a life-threatening emergency, consent of such an incapacitated person to any research program or experimental procedure shall not be required when the institutional review board responsible for the review, approval, and continuing review of the research activity has approved both the research activity and a waiver of informed consent and has both found and documented that the requirements for an exception from informed consent requirements for emergency research, as provided under Part 50 of Title 21 or Part 46 of Title 45 of the Code of Federal Regulations, as amended, have been satisfied.
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(L. 1993 H.B. 564 § 33, A.L. 2003 S.B. 431, A.L. 2006 H.B. 1601 merged with S.B. 765)
Effective 6-12-06
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.065 - Minor spouse or parent may give consent, when.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
Effective - 28 Aug 1977
431.065. Minor spouse or parent may give consent, when. —
Any minor who has been lawfully married and any minor parent or legal custodian of a child, if otherwise competent to contract, shall be considered an adult for the purpose of entering into a contract for surgical, medical, or other treatment or procedures for himself, his spouse, his child and any child in his legal custody.
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(L. 1961 p. 248 § 1, A.L. 1977 S.B. 48)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 431 - General Provisions as to Contracts › Section 431.066 - Insurance benefits payable directly to minor, when — validity of receipt — disaffirmance prohibited.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 431
Effective - 28 Aug 1983
431.066. Insurance benefits payable directly to minor, when — validity of receipt — disaffirmance prohibited. —
1. When any minor eighteen years or older, being married, and the beneficiary of a policy of insurance on the life of his spouse becomes entitled to any benefits under the policy of insurance due to the death of his spouse, the insuror may pay the proceeds of the policy, not to exceed ten thousand dollars, to the minor beneficiary without the necessity of conservatorship or any other proceedings in any court.
2. The signed acknowledgment of the minor beneficiary shall constitute a legal receipt.
3. The acknowledgment of the minor beneficiary shall not be subject to disaffirmance upon the minor attaining twenty-one years of age.
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(L. 1973 S.B. 24 § 1, A.L. 1983 S.B. 44 & 45)