Title
Pua Casim and Co. vs. W. Neumark and Co.
Case
G.R. No. 21644
Decision Date
Oct 2, 1924
Pua Casim & Co. sued W. Neumark & Co. to recover P15,000 loaned in 1922. Court ruled Neumark had implied authority as president; judgment reduced to P10,000 due to partial payment.

Case Digest (G.R. No. 21644)
Expanded Legal Reasoning Model

Facts:

  • Transaction and Loan Agreement
    • On or about January 20, 1922, PUA CASIM & CO. (the plaintiff) purportedly extended a loan of P15,000 to the defendant corporation represented by its president and principal stockholder, W. Neumark.
    • The loan was effectuated by the plaintiff issuing a check drawn in favor of the defendant, which was subsequently deposited with the Bank of the Philippine Islands and credited to the defendant’s current account.
  • Representation and Authority Issues
    • Neumark, acting in his capacity as president, general business manager, and principal stockholder, endorsed the check and executed the transaction as if on behalf of the corporate entity.
    • The defendant, through its answer, contended that Neumark had no express authority from the corporation’s board of directors to borrow the sum directed for the corporation, and further asserted that the corporation neither received nor made use of the funds as borrowed.
  • Controversy on Use and Diversion of Funds
    • Evidence suggested that, although the money was received and credited to the corporation’s account, a significant portion of the funds may have been diverted by Neumark for his personal use.
    • Despite any diversion, the fact remained that the funds were originally borrowed purportedly for the corporation’s business purposes.
  • Judgment of the Lower Court
    • The trial court rendered judgment in favor of the plaintiff, awarding P15,000 along with legal interest starting from October 30, 1922, and assigning the costs of the suit.
    • The defendant appealed this judgment, raising two primary assignments of error regarding alleged misapplication of authority and incorrect computation of the amount due.

Issues:

  • Authority and Representation
    • Whether the defendant corporation can be held liable for the P15,000 loan despite the absence of express confirmation of Neumark’s authority by the board of directors.
    • Whether, under the circumstances, Neumark’s status as president, general business manager, and principal stockholder conveyed apparent or implied authority to borrow funds on behalf of the corporation.
  • Adjustment of the Recovery Amount
    • Whether the lower court erred in awarding the full amount of P15,000 given that the plaintiff admitted to having received P5,000 from the corporation on account of the loan.
    • The need to determine if the judgment should be modified by reducing the payable sum to reflect the already received partial repayment.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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