516.370. Limitation not to apply to setoffs, when. - Missouri Statutes

Limitation not to apply to setoffs, when.

516.370. When a defendant in action has interposed ananswer, as a defense, setoff or counterclaim, upon which he wouldbe entitled to reply in such action, the remedy upon which, atthe time of the commencement of such action, was not barred bylaw, and such complaint is dismissed, or the action isdiscontinued, the time which intervened between the commencementand the termination of such action shall not be deemed a part ofthe time limited for the commencement of an action by thedefendant, to recover for the cause of action so interposed as adefense, setoff or counterclaim.

(RSMo 1939 § 1041)

Prior revisions: 1929 § 889; 1919 § 1344; 1909 § 1915

(1987) With the exception of what might be considered to be purely defensive pleading such as a setoff or recoupment, a counterclaim which seeks affirmative relief by asserting a new cause of action like a medical malpractice, although arising out of the same occurrence and although not barred at the commencement of the plaintiff's action, is barred if the counterclaim is filed at a time when it would have been barred as an original action. Northwest Radiation Oncology v. Goodstal, 735 S.W.2d 762 (Mo.App.E.D.).