Title
Steinberg vs. Velasco
Case
G.R. No. 30460
Decision Date
Mar 12, 1929
Directors of Sibuguey Trading Co. purchased company stock and declared dividends, impairing finances. Held liable for losses due to imprudent actions, prejudicing creditors.

Case Digest (G.R. No. 30460)
Expanded Legal Reasoning Model

Facts:

  • Corporate Capitalization and Financial Condition
    • Authorized capital stock: 2,000 shares at ₱10 par each; subscribed and paid-up capital: 1,003 shares (₱10,030).
    • Balance sheet as of June 30, 1922:
      • Accounts Payable: ₱13,807.50
      • Accounts Receivable: ₱19,126.02
      • Surplus profit: ₱3,314.72
      • Reserve for bad debts/depreciation: ₱2,889.23
  • Board Resolutions of July 24, 1922
    • Authorized and made treasury stock purchases (total 330 shares for ₱3,300):
      • 100 shares from S.R. Ganzon at ₱1,000
      • 200 shares from Felix D. Mendaros at ₱2,000 (100 shares on June 29, 100 on July 16)
      • 10 shares from Dionisio Saavedra at ₱100
    • Declared dividends of ₱3,000 from surplus, to be paid in installments (Sept 30, 1922–May 12, 1923); shareholders with outstanding accounts to settle first.
  • Insolvency Petition and Receiver’s Efforts
    • September 11, 1923 petition for dissolution:
      • Accounts Payable: ₱9,241.19
      • Accounts Receivable: ₱12,512.47 (apparent net asset ₱3,271.28)
    • Receiver’s appointment (Feb 28, 1924) and diligent but unsuccessful attempts to collect receivables due to debtors’ insolvency and lack of funds for litigation fees.

Issues:

  • Whether the corporation lawfully repurchased its own stock while insolvent.
  • Whether the declaration and payment of dividends from an ostensible but unrealized surplus was valid.
  • Whether directors and purchaser-shareholders are personally liable for impairment of corporate assets.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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