GR 20964; (November, 1923)
November 1, 1923GR 36979; (November, 1923)
November 1, 1923EN BANC
G.R. No. 21101; November 12, 1923
PACIFIC COMMERCIAL COMPANY, ASIATIC PETROLEUM COMPANY (P. I.), LTD., and INTERNATIONAL BANKING CORPORATION, petitioners-appellants,
vs.
ANTONIO CAMPOS RUEDA and JOSE CAMPOS RUEDA, partners-appellees.
Ross, Lawrence and Selph, J. A. Wolfson and Jose Yulo for appellants.
Antonio Sanz for appellees.
ROMUALDEZ, J.:
The petitioners appeal from an order of the Court of First Instance of Manila setting aside a previous order which directed the receiver to take possession of the books, papers, and private property of the partners, and prohibited the payment to the latter of their private credits, and the collection of their debts.
The appellants contend that with the annulment of said order, judgment of this court of August 28, 1922, in case G. R. No. 18703 becomes ineffective. 1
Such a conclusion is untenable, considering that the pronouncement prayed for and made in said case G. R. No. 18703 was one declaring insolvent the partnership Campos Rueda & Co., the partners not having been individually summoned or heard in that proceeding. lawphil.net
The order appealed from is hereby affirmed, with the costs against the appellants. So ordered.
Johnson, Street, Malcolm, Avancena, Villamor and Johns, JJ., concur.
Footnotes
1 Campos Rueda & Co. vs. Pacific Commercial Co., 44 Phil., 916.
Batas Pinas
