509.090. Affirmative defenses.
Affirmative defenses.
509.090. In pleading to a preceding pleading, a party shallset forth affirmatively accord and satisfaction, arbitration andaward, assumption of risk, contributory negligence, discharge inbankruptcy, duress, estoppel, failure of consideration, fraud,illegality, injury by fellow servant, laches, license, payment,release, res judicata, statute of frauds, statute of limitations,truth in defamation, waiver, and any other matter constituting anavoidance or affirmative defense. When a party has mistakenlydesignated a defense as a counterclaim or a counterclaim as adefense, the court shall treat the pleadings as if there had beena proper designation.
(L. 1943 p. 353 § 40)