Teague vs. Martin, 53 Phil. 504
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Teague vs. Martin, 53 Phil. 504
It was alleged, among others, by the plaintiff that he and the defendants formed a partnership for the operation of a fish fish busin business ess and simila similarr commer commercia ciall trans transact action ions, s, which by mutual mutual consent consent was called called "Malangpa "Malangpaya ya ish !o.," !o.," with a capital capital of P35,000, P35,000, of which plaintiff plaintiff paid P5,000, the defendants Martin P5,000, Maddy P,500, and #oluc$e P,500% P,500% that that he was named the general general partner% partner% that the share in the profits profits and losses losses is in proportion proportion to the amount of contribut contributed ed capital% capital% that ther there e was was no agre agreem emen entt as to the the dura durati tion on of the the part partne ners rshi hip% p% that that he want wants s to diss dissol& ol&e e it, it, but but the the defe defend ndan ants ts refu refuse sed d to do so% so% that that the the part partne ners rshi hip p purchased and owns a lighter '(apu)(apu*, a motorship '+arra '+arracud cuda*, a*, and and other other prope properti rties, es, which which are in the posses possessio sion n of the the defen defendan dants ts who are ma$ing ma$ing use of them. It was alleged that it is the best interest of the part partie ies s to ha&e ha&e a rece recei& i&er er appo appoin inte ted d pend pendin ing g this this litigation, to ta$e possession of the properties, and he prays prays that the Philippin Philippine e rust rust !ompany !ompany be appointe appointed d recei&er recei&er,, and for -udgmen -udgmentt dissol&in dissol&ing g the partnersh partnership, ip, with costs. ach of the defendants filed a separate answer, but of the same same natur nature. e. It is then then allege alleged, d, among among others others,, that that Madd Maddy y will will ha&e ha&e char charge ge of the the +arr +arrac acud uda a and and the the na&igating of the same, salary P300 per month% Martin will ha&e charge charge of the southern southern station, station, cold stores, stores, commissary and procuring fish, salary P300 per month% eague ague will will ha&e ha&e charge charge of sellin selling g fish fish in Manil Manila a and purchasing supplies. /o salary until business is on paying basis. he !I issued a decision '1* dissol&ing the partnership and li2uidating its assets% '* that the barge (apu)(apu as well as the ord truc$ and adding machine belong belong
ecl eclus usi& i&el ely y to eague ague,, but but he must must retu return rn to and and reimburse the partnership the amount which was ta$en from its funds for the purchase of the (apu)(apu and the ord truc$. pon appeal, the plaintiff further contended that he is the manag managing ing partn partner er of the partn partners ership hip and the the three three prope properti rties es '(apu) '(apu)(ap (apu, u, +arra +arracud cuda a ord ord truc$* truc$* are properties of the partnership since they were paid from the profits of the partnership thus do not belong to him. I666 78/ the plaintiff was the manager of the unregistered partnership of Malangpaya ish !ompany. 78/ the three properties are owned by the partnership. 9(I/# :es, :es, the powers powers and duties of the three partners partners are specifically defined, and that each of them was more or less the general manager manager in his particular particular part of the business. he plaintiff;s powers and duties were confined and limited to "selling fish in Manila and the purchase of supplies." /o, the (apu)(apu, +arracuda, and the adding machine, although paid for by the partnership funds, are owned by petitioner for it was registered in his own name.