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Juan, Pedro, and Mary are partners in JPM & Company. Juan is the managing partner. Joseph is indebted to the partnership for the amount of Php100,000. Joseph is also indebted to Pedro in the amount of Php50,000. Both debts are due and demandable. Pedro was able to collect the amount of Php30,000 from Joseph. Pedro told Juan that he was able to collect from Joseph. The following day, Juan demanded Pedro to give the amount he collected from Joseph for the benefit of the partnership.Can Juan demand Pedro to give to the partnership what he collected from Joseph?

Question

Juan, Pedro, and Mary are partners in JPM & Company. Juan is the managing partner. Joseph is indebted to the partnership for the amount of Php100,000. Joseph is also indebted to Pedro in the amount of Php50,000. Both debts are due and demandable. Pedro was able to collect the amount of Php30,000 from Joseph. Pedro told Juan that he was able to collect from Joseph. The following day, Juan demanded Pedro to give the amount he collected from Joseph for the benefit of the partnership.Can Juan demand Pedro to give to the partnership what he collected from Joseph?

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Solution

Yes, Juan, as the managing partner, can demand Pedro to give to the partnership what he collected from Joseph. This is because the debt of Joseph to the partnership is a separate obligation from his personal debt to Pedro. If Pedro collected from Joseph, it should be applied first to the debt of Joseph to the partnership, which is Php100,000. Only after the partnership's debt is fully paid can Pedro apply the payment to his personal debt. Therefore, the Php30,000 collected by Pedro should be given to the partnership.

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Juan, Pedro, and Mary are partners in JPM & Company. Juan is the managing partner. Joseph is indebted to the partnership for the amount of Php100,000. Joseph is also indebted to Pedro in the amount of Php50,000. Both debts are due and demandable. Pedro was able to collect the amount of Php30,000 from Joseph. Pedro told Juan that he was able to collect from Joseph. The following day, Juan demanded Pedro to give the amount he collected from Joseph for the benefit of the partnership.Can Juan demand Pedro to give to the partnership what he collected from Joseph?

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