Case Digest (G.R. No. 17322)
Facts:
- The Union Guarantee Co., Ltd. is the plaintiff and appellee.
- Defendants include Aw Yong Chiow Soo, Tee (Teng) Kim Kuy, Jing Kee & Co., and Teng Kim Tong.
- The case originated in Manila, where the plaintiff, a surety and indemnity bond corporation, executed bonds at the request of the defendants.
- The bonds were necessary for the delivery of goods consigned to the defendants from foreign ports and guaranteed payment of related charges.
- Aw Yong Chiow Soo acted as the authorized agent for all defendants, applying for bonds totaling P70,000.
- Bonds executed for the Bureau of Customs amounted to P4,500.
- Defendants failed to secure payment or fulfill bond terms, leading to a demand for P74,500 from the plaintiff.
- Allegations of fraud were made against the defendants for misrepresenting the location of the goods.
- Jing Kee & Co., Teng Kim Kuy, and Teng Kim Tong filed a demurrer to the amended complaint; other defendants consented to a judgment.
- On November 1, 1920, the court ruled against certain defendants for P74,500, including interest.
- The appealing defendants later sought a new trial, claiming the court erred while their demurrer was pending.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the lower court's judgment, stating there was no error in rendering judgment against some defendants while the demurrer was pending.
- The court held that the appealing defendants were bound by the judgm...(Unlock)
Ratio:
- The bonds executed by the defendants were joint and several, meaning each defendant could be liable for the entire amount.
- The judgment against some defendants was considere...continue reading
Case Digest (G.R. No. 17322)
Facts:
The case involves The Union Guarantee Co., Ltd. as the plaintiff and appellee against Aw Yong Chiow Soo, Tee (Teng) Kim Kuy, Jing Kee & Co., and Teng Kim Tong as defendants. The events leading to the case unfolded in Manila, where the plaintiff, a corporation engaged in surety and indemnity bonds, executed bonds at the special instance and request of the defendants. The bonds were necessary for the delivery of goods consigned to the defendants from foreign ports, and they also guaranteed the payment of wharfage, arrastre, and storage charges related to these imports. Aw Yong Chiow Soo acted as the authorized agent for all defendants, making written applications for the issuance of bonds totaling P70,000. The bonds executed for the Bureau of Customs amounted to P4,500. Despite the bills of lading being in the Philippines, the defendants failed to secure payment or fulfill the terms of the bonds, leading to a demand for payment of P74,500 from the plaintiff. The defendants were accused of committing fraud in obtaining the bonds, as they allegedly misrepresented the location of the goods. Jing Kee & Co., Teng Kim Kuy, and Teng Kim Tong filed a demurrer to the amended complaint, while other defendants consented t...