Unformatted text preview: ez vs. Martinez, 1 Phil., 647;
Enriquez vs. Olaguer, 25 Phil., 641.). Of course, if an actual relation of partnership had existed in the money
used, the case might be different; and much emphasis is laid in the appellant's brief upon the relation of 30 partnership which, it is claimed, existed. But there was clearly no general relation of partnership, under
article 1678 of the Civil Code. It is clear that Elser, in buying the San Juan Estate, was not acting for any
partnership composed of himself and Lyons, and the law cannot be distorted into a proposition which would
make Lyons a participant in this deal contrary to his express determination.
It seems to be supposed that the doctrines of equity worked out in the jurisprudence of England
and the United States with reference to trust supply a basis for this action. The doctrines referred to
operate, however, only where money belonging to one person is used by another for the acquisition of
property which should belong to both; and it takes but little discernment to see that the situation here
involved is not one for the application of that doctrine, for no money belonging to Lyons or any partnership
composed of Elser and Lyons was in fact used by Elser in the purchase of the San Juan Estate. Of course,
if any damage had been caused to Lyons by the placing of the mortgage upon the equity of redemption in
the Carriedo property, Elser's estate would be liable for such damage. But it is evident that Lyons was not
prejudice by that act. Mendezona v. Vda. De Goitia, 54 Phil 557 (1930) FRANCISCO
The agent owes interest on the sums he has applied to his own use from the day on which he did so, and on
those which he still owes after the extinguishment of the agency.
● Leonor Mendezona and Valentina Izaguirre were shareholders in "Tren de Aguadas" (joint
partnership). Encarnacion C. Vda, de Goitia has been duly appointed judicial administratrix of the
estate of her deceased husband Benigno Goitia.
● Benigno Goitia...
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This document was uploaded on 03/11/2014.
- Fall '14