N.E. & R. PARTNERSHIP v. STONE

No. 15338.

745 S.W.2d 266 (1988)

N.E. & R. PARTNERSHIP, the General Partner of Treasure Lake R.V. Resort, a Limited Partnership, d/b/a Treasure Lake Vacation Resort, Plaintiffs-Appellants, v. Bill STONE and Jeanette Stone, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

February 19, 1988.


Attorney(s) appearing for the Case

Gene Wayne Redding, Springfield, for plaintiffs-appellants.

Dennis P. Wilson, Parsons, Mitchell, Wilson & Satterfield, P.C., Dexter, for defendants-respondents.


PREWITT, Presiding Judge.

The question presented is whether an action in behalf of a limited partnership may be brought in the name of a partnership which is the general partner without naming the general partners of the latter partnership. The trial court dismissed plaintiffs' petition for failure to name the general partners.

Missouri follows the common law or aggregate theory of partnership under which, absent statutory authority, a partnership cannot sue...

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