AgencyDPFebruary32014

X x x the fact that the defendant corporation carried

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: as the acknowledgment receipt, Exhibit B, does not contain any such limitation. Neither does it appear that petitioner was verbally forbidden by Quilatan from passing on the jewelry to another person before the acknowledgment receipt was executed or at any other time. Thus, it cannot be said that petitioner’s act of entrusting the jewelry to Labrador is characterized by abuse of confidence because such an act was not proscribed and is, in fact, legally sanctioned. Art. 1893 – Right of Principal Against Substitute Del Rosario v. La Badenia, 33 Phil 316 (1916) VILLAFUERTE Doctrines: ● General agent­ Aragon was acting as a general agent since it was not shown what limitations were placed upon his powers to act for the corporation; his powers appear to have been very broad and no evidence that he acted in excess of authority in extending credit on behalf of the agency. ● Principal did not prohibit agent to appoint substitute ­ Company was informed that the spouses were acting as sub­agents of Aragon and recognized them as such, as proven by the letters of the corp.; it was clear that the corp. did not consider them as independent merchant. Facts: Defendant La Badenia, with head office in Manila, makes and sells tobacco products. Celestino Aragon, a general agent of the corporation, went to Legaspi, Albay to conduct the selling campaign. Aragon established a central distributing agency or depot with the plaintiff Teofila del Rosario de Costa, nominally in charge, though her husband, Bernardino Costa appears to have been the actual manager of the agency. The goods received by the Legaspi agency from the factory in Manila are charged against Teofila del Rosario Costa, while credits are given on various items, such as, withdrawals of goods from the depository at Legaspi shipped to other towns, remittances made to the head office in Manila, money paid over to the general agent, advertising expenses, commissions on sales, salaries of employees [other people hired by Aragon], and other expenses incident to the conduct of business...
View Full Document

Ask a homework question - tutors are online