2 Duterte vs Rallos - Republic of the Philippines SUPREME...

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Republic of the Philippines SUPREME COURT Manila EN BANC DECISION September 24, 1903 G.R. No. L-1147 ESCOLASTICO DUTERTE Y ROSALES , plaintiff-appellant, vs. FLORENTINO RALLOS , defendant-appellee. Walton J. Wood and Segundo Singson, for appellant. Early and White, for appellee. Willard, J. : The plaintiff-appellant claimed that he, the defendant, and one Castro were partners in the management of a cockpit. The defendant denied this. The court found that no such partnership existed and ordered judgment for the defendant. The plaintiff moved for a new trial, which was denied. To this order and the judgment he excepted and has brought here the evidence on which the court below based its finding. We have examined the evidence and are of the opinion that said finding, so far as the existence of the copartnership to September 1, 1901, is concerned, is plainly and manifestly against the evidence. We reach this conclusion chiefly from the documents written by the defendant and sent to the plaintiff. It is not contradicted that the plaintiff demanded by letter of the defendant a settlement of their accounts. These demands the defendant answered with the following letter: MY DEAR BOY: I am working at these accounts. Perhaps I will have them ready tomorrow morning. But I have no money, unless Mr. Spitz comes on one of these boats, when we will have funds. Yours, FLORENTINO RALLOS. April 13, 1902. On May 7 the defendant wrote another letter to the plaintiff which is in part as follows: CEBU, May 7, 1902.
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Señor Don Escolastico Duterte. DEAR BOY: In your letter which I received this afternoon, you designate me as a little less than embezzler. I have in my possession the money of no one but myself. If I have not called you an embezzler or something worse on account of all that you have done and are doing with me, reflect whether you have reason to write me in the manner you do. I have done you a favor in admitting you into the cockpit partnership, as the only manner in which I might collect what you owe me. I think you have made a mistake, and I will frankly refresh your memory. You are
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