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Unformatted text preview: as equal to onefifteenth of P1,087.50, that is P72.50. Thus the dividends upon plaintiff Leonor
Mendezona's 180 shares would be P13,050, and upon the 72 shares pertaining to Valentina
Izaguirre, P5,220; and these sums, added to those collected by the attorneyinfact Benigno Goitia
as part of the 1926 dividends, P90 for Leonor Mendezona, and P36 for Valentina Izaguirre, show
that Benigno Goitia thereby received P13,140 in behalf of Leonor Mendezona, and P5,256 in behalf
of Valentina Izaguirre. The defendant duly appealed from this judgment to this Supreme Court
through the proper bill of exceptions 31 CFI: ordered defendant, as judicial administratix of the estate of deceased Goitia, to pay the plaintiffs
Mendezona and Izaguirre the sum of P13,140 and P5,256 respectively, with legal interest from the date of
filing of the complaint.
● ● Whether or not deceased Benigno Goitia was an agent of the plaintiffs. YES
Whether or not deceased Benigno Goitia (represented by his wife, Encarnacion, administratrix of
the estate of Benigno Goitia) owes interest on the sums he has applied to his own use, which he
did even after the extinguishment of the agency. YES (main issue under Art. 1896) It further appears that Ruperto Santos assured the court that the dividends for the period from 1915
to 1926 have been distributed among the shareholders, and that the late Benigno Goitia received the
dividends due on the shares pertaining to Leonor Mendezona and Valentina Izaguirre, deducting
them from the total distribution. In view of these data, the court below reached the conclusion, on
the basis of the dividends received by partner Ramon Salinas, that the attorneyinfact Benigno
Goitia received for the plaintiffsappellees, respectively, the amounts of P13,140 and P5.256,
including the dividends for 1926, or P90 for Leonor Mendezona, and P36 for Valentina Izaguirre.
As to the interest imposed in the judgment appealed from, it is sufficient to cite artic...
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- Fall '14