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    Clemente Vs Galvan

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    Sarah Cadiogan
    1) Enrique Clemente and Dionisio Galvan formed a partnership called Galvan y Compania. 2) After disputes arose, Clemente mortgaged machines belonging to the partnership with his nephew to avoid their attachment in judgments against the partnership. 3) The court ruled the mortgage was invalid because the machines belonged to the partnership, not Clemente, and he did not have actual possession of them.

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    Clemente Vs Galvan

    Uploaded by

    Sarah Cadiogan
    1K views1 page
    1) Enrique Clemente and Dionisio Galvan formed a partnership called Galvan y Compania. 2) After disputes arose, Clemente mortgaged machines belonging to the partnership with his nephew to avoid their attachment in judgments against the partnership. 3) The court ruled the mortgage was invalid because the machines belonged to the partnership, not Clemente, and he did not have actual possession of them.

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    Clemente vs Galvan

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    1) Enrique Clemente and Dionisio Galvan formed a partnership called Galvan y Compania. 2) After disputes arose, Clemente mortgaged machines belonging to the partnership with his nephew to avoid their attachment in judgments against the partnership. 3) The court ruled the mortgage was invalid because the machines belonged to the partnership, not Clemente, and he did not have actual possession of them.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views1 page

    Clemente Vs Galvan

    Uploaded by

    Sarah Cadiogan
    1) Enrique Clemente and Dionisio Galvan formed a partnership called Galvan y Compania. 2) After disputes arose, Clemente mortgaged machines belonging to the partnership with his nephew to avoid their attachment in judgments against the partnership. 3) The court ruled the mortgage was invalid because the machines belonged to the partnership, not Clemente, and he did not have actual possession of them.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Clemente vs.

    Galvan
    67 Phil. 565

    FACTS:
    Enrique Clemente and Dionisio Galvan organized a civil partnership which they named
    Galvan y Compania to engage in the manufacture and sale of paper and other stationery. They
    contributed equal amounts of money. Galvan was entrusted with management. In less than a year,
    Clemente asked for the dissolution of the partnership which Galvan agreed, with a condition that
    Clemente reimburse him for half the amount of a deficit incurred by the partnership which he had
    covered with his own money.
    Before final liquidation of its affairs, Clemente filed a petition asking the court to order the
    delivery of certain machines to him and to charge their value against his portion in the partnership.
    This was granted by the court. However, before Clemente could take actual possession of said
    machines, and upon strong opposition of Galvan, the court suspended the effects of its previous
    order. In the meantime, judgments for money- recovery cases against the partnership were
    rendered. To avoid the attachment and subsequent sale of the machines by the sheriff for the
    satisfaction of said judgments, Clemente mortgaged the machines with his nephew, the intervenor
    (plaintiff in the herein case) When the terms in the mortgage expired, the intervenor commenced
    a case to collect his mortgage credit.

    ISSUE:
    Whether or not the mortgage between Clemente and his nephew (intervenor, plaintiff in
    the case) is valid

    RULING:
    No. The machines in contention originally belonged to the defendant and from him were
    transferred to the partnership Galvan y Compania. This being the case, said machines belong to
    the partnership and not to him, and shall belong to it until partition is effected according to the
    result thereof after the liquidation. Also, Clemente did not have actual possession of the machines,
    thus, he could not in any manner mortgage them.

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