TRITON INSURANCE COMPANY, LTD., plaintiff and appellant, vs.
ANGEL JOSE, defendant and appelleeG.R. Nos. 10381 and 10714. January 14, 1916.
FACTS:
A certain consignment of flour for "Connell Brothers
Company" and "W. F. Stevenson & Company," arrived at the
port of Manila on the steamship Prinz Sigismund, in the first days of January,
1914. The said firms entered into a verbal contract with the defendant, by
which said cargoes of flour were to be transshipped from said steamship Prinz Sigismund,
to the bodegas of said firms, located on the Binondo canal in the city of
Manila. The defendant, in transshipping said cargoes of flour, used the lorcha
Petroning. The said lorcha was a new one and was duly licensed for the purpose
for which it was used in the present case. During the transshipment, the said
lorcha sprung a leak; that water entered the same and the cargoes of flour were
damaged. On or about January 7 or 8,1914, the cargoes of flour were delivered
to the respective companies, "Connell Brothers Company," and "W.
F. Stevenson & Company," and were by them accepted, without protest;
that said companies later also paid the charges of transportation to the
defendant, without protest. Later, or on or about the 21st or 22d of January,
1914, a formal protest was made by each of the plaintiffs in each of said
causes.
ISSUE:
Whether or not defendant should be held liable for the
damaged flours
RULING:
Under article 366 of the Code of Commerce, and the rule laid
down in the case of the Government of the Philippine Islands vs. Inchausti
& Co., recovery is barred, through the failure of the assignee to present a
claim for damages within twenty-four hours from the time of the delivery of the
flour.
Comments
Post a Comment