- Petitioner
- Wahl
- Respondent
- Donaldson, Sim & Co.
- Citation
- G.R. No. 1875
- Court
- Supreme Court
- Division
- En Banc
- Ponente
- Willard, J.
- Decided
- September 9, 1905
Summary
This 1905 Supreme Court case involved a contract dispute where the key issue was determining the legal identity of the defendant - whether it was Donaldson Sim & Co. as a partnership or James C. Donaldson Sim as an individual. After multiple defaults and procedural motions, including the death of Donaldson Sim during proceedings, his administratrix argued the case should be dismissed claiming he was sued individually. The Supreme Court affirmed the lower court's judgment, holding that the evidence clearly established the defendant as a collective partnership under the Code of Commerce, making it a juridical person with distinct legal personality. The Court ruled that a partner's death dissolves the partnership but does not terminate proceedings against the partnership as a juridical entity, and liquidation proceeds under commercial law rather than estate proceedings. This decision clarified important principles regarding partnership legal personality and the effect of partner death on ongoing litigation involving partnerships as juridical persons.