358.220. Right to an account. — Any partner shall have the right to a formal account as to partnership affairs:
(1) If he is wrongfully excluded from the partnership business or possession of its property by his copartners;
(2) If the right exists under the terms of any agreement;
(3) As provided by section 358.210;
(4) Whenever other circumstances render it just and reasonable.
Notes of Decisions
Cited in
11
cases (
3 in the last 5 years), 1996–2024 · leading case:
King v. Bullard, 257 S.W.3d 175 (Mo. Ct. App. 2008).
King v. Bullard, 257 S.W.3d 175 (Mo. Ct. App. 2008).
· cites it 13× “Section 358.220. Section 358.220 sets forth the circumstances under which an accounting may be had.”
Meyer v. Lofgren, 949 S.W.2d 80 (Mo. Ct. App. 1997).
· cites it 4× “220 provides as follows: “Any partner shall have the right to a formal account as to partnership affairs: (1) If he is wrongfully excluded from the partnership business or possession of its property by its copartners; .”
Gladis v. Rooney, 999 S.W.2d 288 (Mo. Ct. App. 1999).
· cites it 3× “Section 358.220(1) RSMo 1994 provides that “[a]ny partner shall have the right to a formal account as to partnership affairs .”
Cook v. Martin, 71 S.W.3d 677 (Mo. Ct. App. 2002).
· cites it 2× “” We note, however, that the trial court made no express finding in regards to the existence of a partnership, instead finding only a fiduciary relationship between Cook and ASDE.”
Arnold v. Erkmann, 934 S.W.2d 621 (Mo. Ct. App. 1996).
“§§ 358.220; 338.210.1. RSMo 1994. To bring an action under this theory, a plaintiff must plead the existence of a partnership and the withholding of profits.”
Finch v. Campbell, 541 S.W.3d 616 (Mo. Ct. App. 2017).
· cites it 2× “(citing Section 358.220). "Section *629 358.220 sets forth the circumstances under which an accounting may be had.”
John Mick v. Wayne Mays, 459 S.W.3d 924 (Mo. Ct. App. 2015).
· cites it 2× “]” As with their other points, this point is without merit because it rests on factual allegations contrary to the trial court’s findings. Mike and Teresa are correct that the Uniform Partnership Law provides any partner with a right to a formal accounting of partnership affairs…”
Jerry L. Wilson v. Wilda L. Trusley, 624 S.W.3d 385 (Mo. Ct. App. 2021).
· cites it 4× “If 17 In relevant part, § 358.220 states, “Any partner shall have the right to a formal account as to partnership affairs: (1) If he is wrongfully excluded from the partnership business or possession of its property by his copartners.”
Kevin Barnett & R.E. Gen. Contracting, LLC v. Jeffrey Forster, 687 S.W.3d 21 (Mo. Ct. App. 2024).
· cites it 2× “The April Order found that a partnership existed, and that Respondents were entitled to a statutory accounting under Section 358.220. The April Order ordered an accounting be conducted and provided its cost be split evenly between the parties.”
Svec v. Davis, No. 2:23-cv-01116 (D. Ariz. Apr. 30, 2024).
“” Meanwhile, Mo. Rev. Stat. § 358.220 14 provides that “[a]ny partner shall have the right to a formal account as to partnership 15 affairs” under specified circumstances.”
Mo. Rev. Stat. § 358.220(1): 2 cases
Gladis v. Rooney, 999 S.W.2d 288 (Mo. Ct. App. 1999).
“Section 358.220(1) RSMo 1994 provides that “[a]ny partner shall have the right to a formal account as to partnership affairs .”
King v. Bullard, 257 S.W.3d 175 (Mo. Ct. App. 2008).
“Section 358.220. Section 358.220 sets forth the circumstances under which an accounting may be had.”
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