- Petitioner
- Mercantile Bank of China
- Respondent
- Quirino Uy Quioco
- Citation
- G.R. No. 41695
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Villa-Real, J.
- Decided
- November 14, 1935
Summary
Mercantile Bank of China sued director Quirino Uy Quioco for payment of a P37,000 promissory note. Defendant claimed the note lacked consideration and was executed only to restore the bank's commercial credit, while counterclaiming P28,422.25 he had previously contributed to cover bank losses. The Supreme Court affirmed the trial court's ruling that the promissory note had valid consideration since defendant received and cashed the P37,000 check. The counterclaim was properly dismissed because defendant had executed a sworn statement in 1926 renouncing all rights to the contributed amount, which constituted legal condonation under the Civil Code, extinguishing the debt and converting it into a donation. The case establishes that loans made to restore bank credit, over which creditors renounce their rights, become condoned donations.