G.R. No. 84197 – 175 SCRA 668 – Civil Law – Partnership – When De Facto Partnership Does Not Exist Jacob Lim was the owner of Southern Air Lines, a single proprietorship. In 1965, Lim convinced Constancio Maglana, Modesto Cervantes, Francisco Cervantes, and Border Machinery and Heavy Equipment Company (BORMAHECO) […]
Partnership
24 posts
G.R. No. L-2888 – 6 Phil. 498 – Civil Law – Partnership – Limited Partnership – Firm Name Hung Man Yoc sued Kieng Chiong Seng, a partnership, for collection of sum of money. The said partnership was composed of four partners: Kiong Tiao Eng, Chua Che Co, Yu Yec Pin, […]
G.R. No. 164401 – 578 Phil. 262 – 555 SCRA 275 – Civil Law – Partnership – Prescription – Demand for an accounting – Oral Partnership In 1977, Chua and Jacinto Sunga verbally agreed to form a partnership for the sale and distribution of Shellane LPGs. Their business was very […]
G.R. No. 126334 – 422 Phil. 10 – 370 SCRA 431 – Civil Law – Partnership – Dissolution and Winding Up – Prescription Emilio Emnace, Jacinto Divinagracia and Vicente Tabanao formed a partnership engaged in the fishing industry. In 1986, Jacinto decided to leave the partnership hence they agreed to […]
G.R. No. 144214 – 453 Phil. 999 – 406 SCRA 145 – Civil Law – Partnership – Dissolution and Winding Up – Need for Accounting Proceedings to Determine Partner’s Share In 1984, Villareal, Carmelito Jose and Jesus Jose, formed a partnership for the purpose of operating a restaurant. Each contributed […]
G.R. No. 167379 – 526 Phil. 394 – 493 SCRA 444 – Civil Law – Partnership – Dissolution and Winding Up – Joint Venture Agreement – Rights of Innocent Party In 1994, Primelink Properties and the Lazatin siblings entered into a joint venture agreement whereby the Lazatins shall contribute a […]
G.R. No. L-10040 – 33 Phil. 350 – Civil Law – Partnership – Dissolution In 1901, F. Lichauco Hermanos partnership was formed. It was provided, among others, in the partnership agreement that Faustino Lichauco will be the managing partner; and that the firm cannot be dissolved except upon the 2/3 […]
G.R. No. 26 – 1 Phil. 4 – Civil Law – Partnership – Dissolution – Assignment of Assets – Partner Becomes Co-owner A certain Evans and a certain Whaley formed a partnership at will, Evans & Whaley. The firm became indebted to Paul Blum. Eventually, the firm was dissolved. Evans, […]
G.R. No. 2715 – 5 Phil. 660 – Civil Law – Partnership – Estoppel of the Firm’s Debtor Rosatzin was the bookkeeper of the firm Behn, Meyer & Co. from 1901 to 1903. When Rosatzin left the firm’s employ, it was discovered that he owe the firm P686.24 pesos in […]
G.R. No. 25007 – 48 Phil. 841 – Civil Law – Partnership – Industrial Partner – Obligations as to Losses vs as to Liabilities In 1919, Arnaldo de Silva, Guillermo Aboitiz, Vidal Aboitiz and Jose Martinez formed a partnership. De Silva, Guillermo, and Vidal were the capitalist partners while Martinez […]
G.R. No. L-26937 – 50 Phil. 802 – Civil Law – Partnership – Firm Name In September 1916, Severo Eugenio Lo and Ling, together with Ping, Hun, Lam and Peng formed a commercial partnership under the name of “Tai Sing and Co.,” with a capital of P40,000 contributed by said […]
G.R. No. L-59956 – 133 SCRA 88 – 218 Phil. 105 – Civil Law – Partnership – Profit and Loss Sharing – Speculative Damages In February 1971, Isabelo Moran and Mariano Pecson entered into a partnership agreement where they agreed to contribute P15k each for the purpose of printing 95k […]
G.R. No. 135813 – 420 Phil. 313 – 368 SCRA 261 – Civil Law – Partnership – Shares in Liquidation – Net Profit vs Gross Income In June 1986, Fernando Santos (70%), Nieves Reyes (15%), and Melton Zabat (15%) orally instituted a partnership with them as partners. Their venture is […]
G.R. No. L-12371 – 37 Phil. 883 – Civil Law – Partnership – Share of Losses by an Industrial Partner – Estoppel – Liquidation In January 1900, Placido Gutierrez de Celis (37%), Miguel Gutierrez de Celis (37%), Miguel Alfonso (16%), Daniel Perez (5%), and Leopoldo Criado (5%) formed a partnership […]
G.R. No. 5840 – 7 Phil. 504 – Civil Law – Partnership – Co-Partner’s Liability – Misappropriation of Partnership Funds – Losses Criminal Law – Book II – Crimes Against Property – Estafa – Misappropriation Sometime before 1910, Pedro Larin formed a partnership with Pedro Tarug, Eusebio Clarin and Carlos […]
G.R. No. L-3704 – 9 Phil. 326 – Civil Law – Partnership – Liability of Industrial Partners to Third Persons In 1905, Francisco Muñoz, Emilio Muñoz, and Rafael Naval formed an ordinary general mercantile partnership in accordance with the Code of Commerce. They named the partnership “Francisco Muñoz & Sons”. […]