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Hung Man Yoc vs Kieng Chiong Seng

FACTS- Man Yoc sued Kieng Chiong Seng, a partnership, for collection of sum of money. The said partnership was
composed of four partners: Kiong Tiao Eng , Chua Che Co, Yu Yec Pin, and Ang Chu Keng. It was found by the trial
court that the firm is liable to Man Yoc.

ISSUE: Whether or not all the partners are liable.

HELD: No. The partnership is neither a general partnership nor is it a limited partnership. This is because of the infirmity
of the firm name which is neither the name of a general partner because it does not contain the name of at least one of
the general partners, nor is it a limited partnership because the word limited is not attached to the firm name Kieng
Chiong Seng. But it is still a partnership of sorts hence the provision of Article 120 of the Code of Commerce applies
which provides that for these types of partnerships the person managing it shall be the one directly liable to third persons.
In this case, it was established that only Kiong Tiao Eng and Yu Yec Pin are managing the partnership, hence only they
are liable to Man Yoc.

NOTE: Obviously, this is the old law hence obsolete. See provisions of the new Civil Code on Liabilities of the Partners.

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