Missouri Revised Statutes

Mo. Rev. Stat. § 431.160 (2026)

Assignor shall not release demand, when

✓ current as of May 2026

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431.160. Assignor shall not release demand, when — title of assignee. — It shall not be in the power of the assignor of a demand, after assignment, to release any part of it, nor shall any assignee obtain greater title thereto or interest therein than the person had from whom it was acquired.

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(RSMo 1939 § 3346)

Prior revisions: 1929 § 2959; 1919 § 2161; 1909 § 2775

CROSS REFERENCES:

Assignment of benefit rights under unemployment compensation law void, 288.380

Consignments of grain by railroad to elevator subject to change, 389.550

Counterclaims against assignor, asserted in action on assigned claim, 509.480

Mechanics' liens, assignment, 429.160

Notes of Decisions

Cited in 3 cases, 1952–1989 · leading case: Kaw Valley State Bank & Trust v. Com. Bank of Liberty, N.A., 567 S.W.2d 710 (Mo. Ct. App. 1978).

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Kaw Valley State Bank & Trust v. Com. Bank of Liberty, N.A., 567 S.W.2d 710 (Mo. Ct. App. 1978). “80 (1862); Sections 431.160 and 509.480 RSMo 1969. The purpose of these statutes is to make available to a defendant in a suit by an assignee of a nonnegotiable instrument: “every defense existing in his favor at the time of his being notified of the assignment which would have…”

United Fin. Plan v. Parkview Drugs, 250 S.W.2d 181 (Mo. Ct. App. 1952). “United does not contend that the law is otherwise than above stated, nor that Parkview could not have maintained its claimed set-off in a suit by Continental based on the invoices here sued on; but it contends that Parkview is estopped from interposing its set-off as a defense…”

In Re Hood, 95 B.R. 696 (Bankr. W.D. Mo. 1989). “§ 431.160 V.A.M.S. (1939). A corollary to this rule is that an assignee of an instrument takes it subject to all defenses which the maker may have against the instrument prior to notice of the assignment.”

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