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Facts:: HUNG-MAN-YOC, in The Name of KWONG-WO-SING, Plaintiff-Appellee, KIENG-CHIONG-SENG, ET AL., Defendants-Appellants

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G.R. No. L-2888 HUNG-MAN-YOC, in the name of KWONG-WO-SING, plaintiff-appellee, vs. KIENG-CHIONG-SENG, ET AL., defendants-appellants.

FACTS: Chu-Che-Co, Yu-Yec-Pin, and Ang-Chu-Keng were partners of Kiong-Tiao-Eng, under the firm name of KiengChiong-Seng. It has been not proved that Kieng-Chiong-Seng was the firm name, but rather the designation of the partnership. Alleged by the plaintiff and appellee, the partnership of Kieng-Chiong-Seng was a mercantile partnership organized for the purpose of engaging in commercial pursuits, although such organization was not evidenced by any public document as required by article 119 of the Code of Commerce, nor was it registered as required by article 17 of the said code. HELD: The partnership in question was a mercantile one, as it was engaged in the importation of goods for sale here at a profit. But its organization is not evidenced by any public document. All this being so, the alleged partnership never had any legal existence nor has it acquired any judicial personality in the acts and contracts executed and made by it. But as the said partnership was a partnership de facto, although it had no legal standing, and contracted obligations in favor of the plaintiff, the liability arising from such obligations must enforcible against some one.

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