Case Study: BPI vs. de Coster

Topics: Legal terms, Plaintiff, Pleading Pages: 3 (919 words) Published: January 17, 2013
47 PHIL 594

FACTS:On Dec. 29, 1921, Gabriela Andrea de Coster y Roxas and her husband acting as her agent, made to the BPI a certain promissory note for P292,000,payable one year after date, with interest of 9 per cent per annum and payable monthly. In order to secure the payment thereof, Jean M.Poizat and J. M. Poizat and Co. executed a chattel mortgage in favor of the plaintiff on the steamers Roger Poizat  and Gabrielle Poizat including the machinery and materials belonging to the Poizat Vegetable Oil Mills. Gabriela Andreade Coster y Roxas and her husband acknowledged and delivered to the plaintiff a mortgage on certain real property lying and being situated in the City of Manila. The real property was subject to a prior mortgage in favor of La Orden de Dominicos or PP. Predicadores de la Provinciadel Santisimo Rosario, hence it is made a party defendant. The promissory is long past due which compel the plaintiff to file an action against the defendants.

The lower court rendered judgment against the defendants GabrielaAndrea de Coster y Roxas, Jean M. Poizat and J. M. Poizat andCo. and made them liable,jointly and severally, for the payment of P292,000, with interest at the rate of 9 per cent per annum starting from the 31st of August, 1923. They are also order to pay P10,000 as attorney's fees and P2,500 for the insurance upon the steamer Gabrielle Poizat , with interest on that amount starting from February 9, 1924, at the rate of 9 per cent per annum, and costs.

Then the plaintiff files a petition to the court for a writ of execution. On May 3, 1924, the plaintiff files a motion to declare the defendants in default due to their failure to appear or answer. The court rendered decision in favor of the plaintiffs. On Aug. 26, 1924, Gabriela Andrea de Coster y Roxas, claimed that she had been residing in Paris, France from 1908 until April 30, 1924 and that she only found out about the case from the newspapers. She further claims...
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