Section 516.190

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 516

Effective - 28 Aug 1939   

  516.190.  Limitations on actions originating in other states. — Whenever a cause of action has been fully barred by the laws of the state, territory or country in which it originated, said bar shall be a complete defense to any action thereon, brought in any of the courts of this state.

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(RSMo 1939 § 1021)

Prior revisions: 1929 § 869; 1919 § 1324; 1909 § 1895

(1974) Any defense against foreign statute by waiver or estoppel should be recognized in applying this section. Wilburn v. Pepsi-Cola Bottling Company of St. Louis (C.A. Mo.), 492 F.2d 1288.

(1974) Held it is not necessary to raise "borrowing statute" as an affirmative defense since courts are bound to take judicial notice of the laws of all states. (C.A. Mo.) McIndoo v. Burnett, 494 F.2d 1311.

(1975) Word "originated" as used in this section means "accrued".  Schnabel v. Taft Broadcasting Company Inc. (A.), 525 S.W.2d 819.

(1976) Where plaintiff was injured in accident in Illinois while on a trip that was to begin and end in Missouri and all parties were Missouri residents and plaintiff had not charged defendants with willful and wanton misconduct, necessary under the Illinois guest statute, nevertheless, the Missouri borrowing statute made the Illinois statute of limitations applicable to plaintiff's action for damages and the action was barred. Trzecki v. Gruenewald (Mo.), 532 S.W.2d 209.

(1987) The provisions of section 516.170, RSMo, protecting the rights of persons under disability, apply to any statute of limitations borrowed under the provisions of section 516.190, RSMo. Dorris v. McClanahan, 725 S.W.2d 870 (Mo.banc).