Beruflich Dokumente
Kultur Dokumente
Although the enterprise was organized in the year 1901 for the
purpose of conducting mercantile operations, including the
buying and selling of "palay" and rice, the articles of partnership
or association were not registered in the mercantile registry
It was therefore a mere unregistered commercial partnership,
and the association never became in the legal sense a juridical
person, nor did it attain the dignity, rights or privileges accorded
the different classes of compaias mercantiles (mercantile
partnerships)
CONCLUSION:
An express statutory obligation imposed upon the defendant
an imperative obligation to proceed without delay to the
liquidation of the association in the year 1904 and the further
duty to account to his associates for the result of that liquidation.
While he appears to have gone forward with the liquidation far
enough to collect all the cash resources of the association into
his own hands, how utterly failed neglected to account therefor
to his associates or to make any attempt so to do, and we are of
opinion that the plaintiffs were clearly entitled to bring this
action to compel an accounting, and the payment of their
respective shares of the capital invested, together with damages
resulting from the failure of the defendant to perform the duty
expressly imposed upon him by statute.