Legal Opinion

Hemar Insurance Corp. of America v. Ryerson

Missouri Court of Appeals

Decided June 3, 2003No. ED 80903PublishedCited by 8 opinions

1Opinion of the Court

LAWRENCE G. CRAHAN, Judge.

Hemar Insurance Corporation of America (“Assignee”) appeals the judgment dismissing its petition to enforce a promissory note on the ground that the statute of limitations had run. We reverse and remand.

On review of the trial court’s judgment dismissing a petition, all facts alleged in the petition are deemed true and the plaintiff is given the benefit of every reasonable intendment. Magee v. Blue Ridge Professional Building Co. Inc., 821 S.W.2d 839, 842 (Mo. banc 1991). When an affirmative defense such as the statute of limitations is asserted in support of a motion…

2Cases cited9 opinions

  1. Magee v. Blue Ridge Professional Building Co.Supreme Court of Missouri · 1991
  2. Centerre Bank of Kansas City, N.A. v. Distributors, Inc.Missouri Court of Appeals · 1985
  3. Sheehan v. SheehanSupreme Court of Missouri · 1995
  4. De Paul Hospital School of Nursing, Inc. v. Southwestern Bell Telephone Co.Missouri Court of Appeals · 1976
  5. Boyd v. BuchananMissouri Court of Appeals · 1914

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Peoples Bank v. CarterMissouri Court of Appeals · 2004
  2. Vantage Investments, Inc. v. Loc Nguyen Corp. (In Re Vantage Investments, Inc.)United States Bankruptcy Court, W.D. Missouri · 2008
  3. Abbott v. AbbottMissouri Court of Appeals · 2013
  4. Mary M. Harms v. Gregory R. HarmsMissouri Court of Appeals · 2016
  5. Ryerson v. Hemar Insurance Corp. of AmericaMissouri Court of Appeals · 2006

3 more not listed; retrieve them via the Exa API.

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