Mo. Rev. Stat. » Chapter 358
Missouri Revised Statutes

Mo. Rev. Stat. § 358.060 (2026)

Partnership defined

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  358.060.  Partnership defined. — 1.  A "partnership" is an association of two or more persons to carry on as co-owners a business for profit and includes, for all purposes of the laws of this state, a registered limited liability partnership.

  2.  But any association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state or pursuant to an agreement governed by the laws of another state, is not a partnership under this chapter, unless such association would have been a partnership in this state prior to the adoption of this chapter; but this chapter shall apply to limited partnerships except insofar as the statutes relating to such partnerships are inconsistent herewith.

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(L. 1949 p. 506 § 6, A.L. 1995 H.B. 558)

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1969–2021 · leading case: Woods v. Wills, 400 F. Supp. 2d 1145 (E.D. Mo. 2005).
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Woods v. Wills, 400 F. Supp. 2d 1145 (E.D. Mo. 2005). · cites it 2× “" Section 358.060, Mo. Rev. Stat. Missouri courts have made it clear that the law does not presume the existence of a partnership, and the burden to establish the existence of a partnership is on the party asserting its existence.”
In Re Lim, 210 S.W.3d 199 (Mo. 2007). · cites it 6× “[6] Section 358.060, RSMo 2000. [7] In re Waldron, 790 S.”
Zundel v. Bommarito, 778 S.W.2d 954 (Mo. Ct. App. 1989). · cites it 3× “Section 358.060 RSMo 1986. In proving the existence of a partnership the plaintiff must show the parties intended to carry on, as co-owners a profitable business.”
Grissum v. Reesman, 505 S.W.2d 81 (Mo. 1974). · cites it 2× “070(4) it is provided that with certain exceptions the receipt by one of a share of the profits of a business is prima facie evidence that he is a partner.”
Schreibman v. Zanetti, 909 S.W.2d 692 (Mo. Ct. App. 1995). · cites it 2× “Schreibman patterned it after § 358.060, RSMo, and Kielhafner, 639 S.W.”
Ward v. State Farmers Mut. Tornado Ins. Co. of Missouri, 441 S.W.2d 1 (Mo. 1969). · cites it 3× “Section 358.060, RSMo 1959, V.A.M.S. In the policy of insurance, the named insured is “Ward Brothers (Loyd &/or Orville).”
Disalvo Props., LLC v. Bluff View Com., LLC, & Debi Purvis, 464 S.W.3d 243 (Mo. Ct. App. 2015). · cites it 2× “Section 358.060 was enacted in 1949 and was amended in 1995, but that amendment did not substantively change the relevant portion of subsection 2 at issue in this appeal.”
Bernard McMenamy Contractor, Inc. v. Kitchen, 692 S.W.2d 817 (Mo. Ct. App. 1985). · cites it 2× “” § 358.060, RSMo. It is defined by the courts as “a contract of two or more competent persons to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business and to divide the profits and bear the loss in certain proportions.”
Stuart v. Overland Med. Ctr., 510 S.W.2d 494 (Mo. Ct. App. 1974). · cites it 2× “” § 358.060(1), RSMo 1969, V.A.M.S. A partnership is defined judicially as “a contract of two or more competent persons to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business and to divide the profits and bear the loss in certain…”
Marriage of Wills v. Wills, 750 S.W.2d 567 (Mo. Ct. App. 1988). “-280, are not effective and do not apply if there is no “partnership” as defined in § 358.060. That section defines a partnership as “an association of two or more persons to carry on as co-owners a business for profit.”
Marshall v. Marshall Farms, Inc., 332 S.W.3d 121 (Mo. Ct. App. 2010). · cites it 2× “Section 358.060 defines a "partnership” as "an association of two or more persons to carry on as co-owners a business for profit.”
Oetker v. Bullington (In Re Bullington), 167 B.R. 157 (Bankr. W.D. Mo. 1994). “Plaintiffs claim that at all times both debtors were engaged in a partnership or a joint venture.”
Show all 15 citing cases →
— Mo. Rev. Stat. § 358.060(1) — 2 cases
Grissum v. Reesman, 505 S.W.2d 81 (Mo. 1974). “070(4) it is provided that with certain exceptions the receipt by one of a share of the profits of a business is prima facie evidence that he is a partner.”
Stuart v. Overland Med. Ctr., 510 S.W.2d 494 (Mo. Ct. App. 1974). “” § 358.060(1), RSMo 1969, V.A.M.S. A partnership is defined judicially as “a contract of two or more competent persons to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business and to divide the profits and bear the loss in certain…”
— Mo. Rev. Stat. § 358.060(a) — 2 cases
Oetker v. Bullington (In Re Bullington), 167 B.R. 157 (Bankr. W.D. Mo. 1994). “Plaintiffs claim that at all times both debtors were engaged in a partnership or a joint venture.”
Richardson Hauling, Inc. v. Hutchens (In re Hutchens), 523 B.R. 811 (Bankr. W.D. Mo. 2015).
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