AgencyDPFebruary32014

Orias assertion that gutierrez hermanos did nothing

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Unformatted text preview: ts, including cash, as defendant might order from plaintiff; but that, since the beginning of 1904, the firm of Gutierrez Hermanos maliciously failed to make the consignments of rice and other effects, under the false pretext that there were no such articles in the market, thereby preventing the said firm of Oria Hermanos & Co. from obtaining a profit of not less than P25,000 and, besides, injuring its fame, credit, and mercantile reputation in the Island of Samar to the extent of approximately P50,000. Therefore defendant prayed that Gutierrez Hermanos be sentenced to pay;t the sum of P75,000 as the amount of such losses and damages occasioned it. SC: If defendant, without concerning itself with diminishing its debtor balance, did no more than order goods for sale and remit drafts to be paid by Gutierrez Hermanos, not sending in exchange to plaintiff hemp, copra, and other effects, plaintiff, Gutierrez Hermanos, in refusing discretionally to furnish certain effects to defendant and to pay drafts drawn by the latter, did not violate the obligations it assumed in the contract. – ABSOLVED Fifth counterclaim: Oria alleged that, for a period of twenty­two months, from the month of May, 1900, it chartered several of its boats to the American military government; that the charter parties aggregated a value of P400,000; that these contracts were executed and the amounts thereof collected by Messrs. Oria & Fuster, members of the defendant company, who turned the said amounts into the current account they had with the firm of Gutierrez Hermanos; but that plaintiff charged in the current account, appropriated to itself, and collected from the funds of Oria Hermanos & Co. which it had in its possession, 2½ per cent of the amount collected by reason of the said charter parties for commission and brokerage there being no stipulation whatever relative to the collection of this commission; that Gutierrez Hermanos, moreover, charged against the said amount collected by it 8 per cent compound interest; and that the sum in such wise improperly charged and appropriated amounted, together with the accumulated interest, to P15,000, which defendant prayed be returned to it by Gutierrez Hermanos. SC: documents show that Gutierrez Hermanos has taken part in the collection of the said charterages and, therefore,...
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