Case Digest (G.R. No. 15895)
Facts:
Rafael Enriquez, as Administrator of the Estate of the Late Joaquin Ma. Herrer v. Sun Life Assurance Company of Canada, G. R. No. 15895, November 29, 1920, the Supreme Court (En Banc), Malcolm, J., writing for the Court; Mapa, C.J., Araullo, Avancena and Villamor, JJ., concur; Johnson, J., dissents.Plaintiff-appellant Rafael Enriquez, as administrator of the estate of the late Joaquin Ma. Herrer, brought this action to recover P6,000 which the deceased paid the defendant Sun Life Assurance Company of Canada for a life annuity; the trial court rendered judgment for the defendant, and the plaintiff appealed to the Supreme Court.
On September 24, 1917, Herrer applied at the Manila office of Sun Life for a life annuity and on September 26, 1917 paid P6,000, receiving a provisional receipt which expressly made issuance subject to a medical examination and approval by the company's head office. The application was forwarded to Montreal; the head office cabled acceptance on November 26, 1917 and on December 4, 1917 issued the policy at Montreal. The Manila office prepared and (the manager testified) signed a letter notifying Herrer of acceptance on November 26, 1917, and placed it in the office channels for transmission.
On December 18, 1917 Herrer directed attorney Aurelio A. Torres to withdraw the application; the Manila office replied December 19 that the policy had been issued and referenced the November 26 notification; Torres received that reply on the morning of December 21, 1917. Herrer, however, died on December 20, 1917. Evidence at trial established that there was no proof that the November 26 notification was ever actually mailed ...(Subscriber-Only)
Issues:
- Was the acceptance of Herrer’s application communicated to him such that the contract of life annuity was perfected?
- If not, does a presumption of receipt of the Manila office’s notification arise absent proof of deposit...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)