509.070. Two claims may be joined in a single action, when — court shall grant relief, when. — Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money; a plaintiff may state his original claim against the defendant and also in either the original or an amended petition or a reply, a claim for having any release, composition, settlement, or discharge of the original claim set aside as fraudulent or otherwise wrongfully procured.
Notes of Decisions
Wolf v. St. Louis Pub. Serv. Co., 357 S.W.2d 950 (Mo. Ct. App. 1962).
· cites it 3× “” Section 509.070 RSMo 1949, V.A. M.S., provides that a plaintiff may state his original claim against the defendant and also in either the original or amended petition or reply, a claim for having a release or discharge of the original claim set aside as fraudulently or…”
Watson v. Bugg, 280 S.W.2d 67 (Mo. 1955).
· cites it 4× “It will be observed that § 509.070 RSMo 1949, V.A.M.S. (L. 1943, p.”
Johnson v. Fotie, 308 S.W.2d 662 (Mo. 1958).
· cites it 3× “This statute provides that “Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action.” It is then specifically provided that a plaintiff may state a claim for money and a claim to…”
Snadon v. Gayer, 566 S.W.2d 483 (Mo. Ct. App. 1978).
“” All of the above-cited cases, in which it was held that the occupying claimant must bring his action for improvements in a second suit, antedate both § 509.070, which was first enacted in 1943 (Laws of 1943 p.”
Jaycox v. Brune, 434 S.W.2d 539 (Mo. 1968).
“08 (§ 509.070) permits a claimant to state in a reply his grounds for setting aside a release as fraudulent or “otherwise wrongfully procured.”
Jones v. Davis, 306 S.W.2d 479 (Mo. 1957).
· cites it 3× “” It should be noted that the rule in question has been modified by Section 509.070 RSMo 1949, V.A.M.S., which provides that a claim for money and a claim to have a fraudulent conveyance set aside may be joined in the same action “without first having obtained a judgment…”
Galemore v. Haley, 471 S.W.2d 518 (Mo. Ct. App. 1971).
“We observe preliminarily that, although reformation of the policy was an indispensable prerequisite to plaintiffs reaching and applying “insurance money” to be provided by that policy, their theory of the case was neither articulated nor suggested in their petition, and…”
Carter Oil Co. v. Taylor, 322 S.W.2d 731 (Mo. 1959).
· cites it 2× “040 provides that “All persons may be joined in one action as defendants if there is asserted against them jointly (or) severally * * * any right to relief in respect of or arising out of the same transaction, * *.”
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