Delgado v. Lecaroz & Co.
Delgado v. Lecaroz & Co.
Opinion of the Court
after making the above statement of facts, delivered the opinion of the court as follows:
None of the errors of procedure alleged by counsel for appellant, Francisco Abreu, can be considered, for, inasmuch as Solicitor Suliveres has not raised, on hehalf of Lecaroz & Co., any incidental issue which should be determined as prescribed by the corresponding section of the Law of Civil Procedure, the violations included under paragraphs 1, 3, 4, 5 and 6 of article 1691 of aforesaid Law of Civil Procedure, upon which the appeal is based, and which were after-wards renewed at the second hearing of this case by counsel for appellant, could not have been committed.
Nor can the lack of capacity of Solicitor Suliveres to represent Lecaroz & Co., which is another of the exceptions pleaded by appellant, be considered, for although under article 9, of the Law of Civil Procedure, the representation of solicitors, when such, office existed, ceased, among other causes, “when the character in which the principal appeared in the action has ceased”, it cannot be maintained that the personality of Lecaroz & Co. had ceased when aforesaid solicitor appeared on their behalf at the meeting of creditors for the purpose of requesting that they be declared excluded from the agreement arrived at between tbe debtor and his creditors, because, although the term fixed for the duration thereof had expired, which is one of the causes which produce the dissolution of commercial firms, their personality nevertheless continued to exist for all the purposes of the liquidation of the firm, one of which purposes is, in fact, the collection of the debts outstanding in favor of the firm, and if the personality of the firm continued to. exist for this purpose, it is logical to infer that the personality of the solicitor, who for the same purpose represented the firm, at the meeting, likewise continued to exist.
As to the substance of the question, no error was committed in declaring that Lecaroz & Co. were not bound by
Therefore, none of the essential forms of the trial having been violated, nor any material error committed, the order appealed from should be affirmed.
We adjudge that we should affirm and do affirm the order of March 23, 1899, appealed from, with costs against appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.