J & M Securities, LLC v. Nikki M. Kennedy (2021)

Citation: J & M Securities, LLC v. Nikki M. Kennedy (2021)
Parent Document: J & M Securities, LLC v. Nikki M. Kennedy (2021)
Jurisdiction: Missouri (state)
Effective Date: 2021-12-28
Original Source: https://www.courtlistener.com/opinion/5312476/j-m-securities-llc-v-nikki-m-kennedy/ ↗

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  We note that the current version of this C.J.S. provision states as follows: “In an action by an assignee, the
defendant cannot recover an affirmative judgment against the assignee on a claim against the assignor.” 80 C.J.S.
Set-off and Counterclaim § 112 (2021). This provision further states: “In an action by an assignee, a claim in favor
of a defendant against the assignor can be allowed as a set-off, counterclaim, or reconvention only to the extent of
the claim sued on, and judgment cannot by rendered against the assignee for the excess. A defendant is only entitled
to use the claim defensively.” (Internal footnotes and citations omitted).

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