Case Digest (G.R. No. L-7777)
Facts:
- The case involves M. E. Grey, deceased, represented by Ruth Grey as administratrix of his estate, against Insular Lumber Company (G.R. No. L-7777), decided on October 31, 1955.
- M. E. Grey initially filed a suit to recover a monetary amount from the Insular Lumber Company.
- After Grey's death, Special Proceedings No. 387 commenced in the Court of First Instance of Negros Occidental for estate administration, with Ruth Grey appointed as administratrix.
- Ruth Grey substituted M. E. Grey as the plaintiff in the ongoing case.
- The trial court ruled in favor of the plaintiff, but the Supreme Court modified this decision in G.R. No. L-535.
- The Insular Lumber Company issued a check for P88,453.56 to Ruth Grey, delivered to Atty. Carlos Hilado, the plaintiff's counsel.
- On February 23, 1954, Atty. Hilado filed a motion for a 25% contingent fee, totaling P22,113.89, requesting direct payment to him and cancellation of the original check.
- The Company opposed, stating it had fulfilled its obligation by paying the administratrix.
- Atty. Hilado filed an amended motion, and on March 16, 1954, the trial court ordered the Company to cancel the original check and issue two new checks: P66,340.17 to Ruth Grey and P22,113.39 to Atty. Hilado.
- The Company appealed, arguing it had already complied with its obligation.
Issue:
- (Unlock)
Ruling:
- The Supreme Court set aside the trial court's order from March 16, 1954, that granted Atty. Hilado's motion.
- The case was remanded to the trial court for further proceedings, en...(Unlock)
Ratio:
- The Supreme Court determined that the Insular Lumber Company had met its legal obligation by issuing the check to Ruth Grey, the administratrix.
- Atty. Hilado's claim for attorney's fees was invalid at that stage since the Company had already complied with the judgment.
- The court emphasized that claims for attorney's fees must be established and app...continue reading
Case Digest (G.R. No. L-7777)
Facts:
The case of M. E. Grey, Deceased, Substituted by Ruth Grey, as Administratrix of the Estate of the Late M. E. Grey vs. Insular Lumber Company (G.R. No. L-7777) was decided on October 31, 1955. The original action was initiated by M. E. Grey against the Insular Lumber Company to recover a monetary sum. Following Grey's death, Special Proceedings No. 387 were initiated in the Court of First Instance of Negros Occidental for the administration of his estate, with Ruth Grey appointed as the administratrix. Subsequently, Ruth Grey substituted M. E. Grey as the plaintiff in the case. The trial court ruled in favor of the plaintiff, but the Supreme Court modified this judgment in G.R. No. L-535. In compliance with the final judgment, the Insular Lumber Company issued a check for P88,453.56, made out to Ruth Grey in her capacity as administratrix, and delivered it to Atty. Carlos Hilado, the counsel for the plaintiff. On February 23, 1954, Atty. Hilado filed a motion with the trial court, claiming a contingent fee of 25% of the judgment amount, totaling P22,113.89. He requested that the court order the payment of this fee directly to him and that the Company cancel its original check. The Company opposed this motion, asserting that it had fulfilled its obligation by paying the administratrix. Atty. Hilado subsequently filed an amended motion, reiterating his claim for the attorney's fees and requesting that his lien be recorded. On March 16, 1954, the trial c...