Where an investment company in a dispute over promissory notes challenged summary judgment to the current note holder, the judgment is reversed and remanded because the claimed fraudulent misrepresentations were not asserted as an counterclaim but as affirmative defenses, and no precedent supports the claim that Section 432.040 applies to bar an affirmative defense of fraudulent representation.
Judgment is reversed and remanded.
Big A LLC v. Lindworth Investments, LLC (MLW No. 67114/Case No. AWD77400 – 7 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Pettis County, Koffman, J. (Daniel Baker, Sedalia, for respondent) (Robert W. Russell, Sedalia, for appellant).