Juan Manzano y Mendez v. Jose Tan Sunco

Summary

This 1909 Supreme Court case involved a promissory note dispute where Jose Tan Sunco, acting as surety, claimed discharge from liability under Article 1851 of the Civil Code due to alleged time extension without his consent. The plaintiff Juan Manzano y Mendez sued on a 6,000-peso note signed by Tan Sunco and principal debtor Juan M. Ang Chonguan. The Supreme Court affirmed the lower court's judgment for the plaintiff, ruling that the surety had knowledge and consented to any time extension arrangements. The Court emphasized that mere failure to collect at maturity does not constitute time extension, and that Article 1851 requires lack of surety's consent for discharge. The case establishes important precedent on surety liability and the requirements for discharge under Civil Code provisions on solidary obligations.