Exchange National Bank of Jefferson City v. Wolken

ROBERTSON, Chief Justice.

This is a replevin action. The issue upon which we founded transfer is whether a plaintiff in a Chapter 517 case waives an affirmative avoidance by failing to plead in response to an affirmative defense. The trial court sustained the defendant’s motion for summary judgment without stating its reasons; a divided panel of the Court of Appeals, Western District, affirmed. We granted transfer pursuant to our constitutional authority, Missouri Constitution, article V, section 10, and now reverse and remand for trial.

I

The facts are stipulated. A.J. Rackers, Inc. (Rackers)…