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G.R. No. L-21101 November 12, 1923
PACIFIC COMMERCIAL COMPANY, ET AL. vs. ANTONIO CAMPOS RUEDA, ET AL. -->

EN BANC

G.R. No. L-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.chanroblesvirtualawlibrary chanrobles virtual law library

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 chanrobles virtual law library

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.chanroblesvirtualawlibrary chanrobles virtual law library

The order appealed from is hereby affirmed, with the costs against the appellants. So ordered.chanroblesvirtualawlibrary chanrobles virtual law library

Johnson, Street, Malcolm, Avancena, Villamor and Johns, JJ., concur.

Endnotes:

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¹ Campos Rueda & Co. vs. Pacific Commercial Co., 44 Phil., 916.