Fernández v. Registrar of San Juan
Fernández v. Registrar of San Juan
Opinion of the Court
delivered the opinion of the court.
On February 19, 1918, Carlos Conde y Casariego executed, a notarial release deed in favor of Fernández, Méndez & Company, Limited, which the Eegistrar of Property of San Juan, Section 2, refused to record, * * because the power to liquidate, which upon their dissolution Méndez & Company conferred upon Villar & Company, having expired by virtue of the dissolution of the last firm, Carlos Conde Casariego, as the sole member of the firm of Villar & Company, has no authority to continue liquidating this last firm, nor consequently to acknowledge the receipt of a deferred payment due to the said firm of Méndez & Company in liquidation, as such authority is not shown to have been transferred by Villar & Company to Carlos Conde upon their dissolution. * * * ”
The registrar gave notice of his decision to the presenter of the document, hut it was not withdrawn by him; therefore, in compliance with the law, the registrar sent up the said document, accompanied by others which were exhibited with it, to this court for consideration and decision.
By a public deed executed on January 2, 1906, Carlos Conde and Eduardo Villar formed a general mercantile part
After carefully examining all of the documents to which we have referred we are convinced that in point of fact the only present representative of Villar & Company is Carlos Conde, and this being the case, we do not see why an act of Carlos Conde in the name of Villar & Company should not be effective.
It is true that the deed of dissolution of Villar & Company is silent as to the liquidation of Méndez & Company, with which Villar & Company were charged, but the fact is that no new act is involved, but simply an acknowledgment by the liquidator of Villar & Company that this firm duly received, as liquidator of Méndez & Company, the deferred instalments of the said sale.
In view of the foregoing we are of the opinion that the decision should be reversed and the registrar ordered to make the record solicited.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.