Missouri § 509.410 Objection that no demand has been made not available, when.

Missouri Statutes

§ 509.410 — Objection that no demand has been made not available, when.

Missouri § 509.410

Title XXXVCIVIL PROCEDURE AND LIMITATIONS

Ch. 509Pleadings

This text of Missouri § 509.410 (Objection that no demand has been made not available, when.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 509.410 (2026).

Text

It shall not hereafter be available to a party as an objection that no demand for the subject matter of a suit was made prior to its institution, unless it is expressly set up by way of defense in the answer or replication, and is also accompanied with a tender of the amount that is due; in which case, if the plaintiff will further prosecute his suit, and shall not recover a greater sum than is tendered, he shall pay all costs.  This provision shall be applicable as well to actions for property as for money; when property is tendered the damages for its detention, if any, shall also be tendered.

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It shall not hereafter be available to a party as an objection that no demand for the subject matter of a suit was made prior to its institution, unless it is expressly set up by way of defense in the answer or replication, and is also accompanied with a tender of the amount that is due; in which case, if the plaintiff will further prosecute his suit, and shall not recover a greater sum than is tendered, he shall pay all costs. This provision shall be applicable as well to actions for property as for money; when property is tendered the damages for its detention, if any, shall also be tendered.