Petitioner
W. S. Price
Respondent
Yu Chengco
Citation
G.R. No. 40766
Court
Supreme Court En Banc
Division
En Banc
Ponente
Villa-Real, J.
Decided
August 29, 1934

Summary

This Supreme Court case involved the cancellation of a P100,000 attachment bond filed by W.S. Price in connection with the mortgage enforcement of vessel Y. Sontua. The vessel was subject to two mortgages - first to Yu Chengco, then to Price as first mortgagee. Both mortgage creditors subsequently assigned their rights to Pelagio Yu Singco. When Price sought to cancel his attachment bond and be relieved of vessel administration liability, Yu Chengco and Yek Tong Lin Insurance Co. objected, claiming lack of proper notice. The Supreme Court affirmed the bond cancellation, ruling that the procedural notice defects were merely technical and caused no prejudice. The Court distinguished between different bond obligations, holding that Yek Tong Lin's separate P30,000 administration bond created distinct liability from Price's attachment bond, and guaranty cannot extend beyond specific contractual limits.

Statutes applied

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By the Intellegal Editorial Board · August 29, 1934

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