N.E. & R. Partnership v. Stone

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 in its name and all partners are necessary parties-plaintiff in actions to enforce an obligation due the partnership. Allgeier, Martin and…