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  • Union Insurance Society of Canton V CA

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    Boyet Cariaga
    325 vizualizări1 pagină
    The plaintiff insurance company paid claims to Litton Mills for shortage in a cargo shipment lightered by the defendant company. When the defendant refused to reimburse the plaintiff, the plaintiff filed a complaint and obtained a judgment, annotating the defendant's vessel titles. However, Far East Chemco still bought the vessels. The court held that while Far East Chemco bought the vessels at its own risk, that risk was only of the sale being rescinded, not of liability for the plaintiff's judgment against the defendant.

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    The plaintiff insurance company paid claims to Litton Mills for shortage in a cargo shipment lightered by the defendant company. When the defendant refused to reimburse the plaintiff, the plaintiff filed a complaint and obtained a judgment, annotating the defendant's vessel titles. However, Far East Chemco still bought the vessels. The court held that while Far East Chemco bought the vessels at its own risk, that risk was only of the sale being rescinded, not of liability for the plaintiff's judgment against the defendant.

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    325 vizualizări1 pagină

    Union Insurance Society of Canton V CA

    Încărcat de

    Boyet Cariaga
    The plaintiff insurance company paid claims to Litton Mills for shortage in a cargo shipment lightered by the defendant company. When the defendant refused to reimburse the plaintiff, the plaintiff filed a complaint and obtained a judgment, annotating the defendant's vessel titles. However, Far East Chemco still bought the vessels. The court held that while Far East Chemco bought the vessels at its own risk, that risk was only of the sale being rescinded, not of liability for the plaintiff's judgment against the defendant.

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 1

    Union Insurance Society of Canton v CA G.R. No.

    100319 August 8, 1996

    Facts: The defendant entered into a contract with Litton Mills, Inc. for the former to lighter the cargo of said Litton Mills. Due to shortage in the delivered cargo, the plaintiffs paid to Litton Mills, Inc. the corresponding amount. As the subrogee, plaintiff sought reimbursement from defendant but the latter refused, prompting the former to file a complaint in court. When plaintiff obtained a favourable decision, it caused the judgment to be annotated on the tittles to the vessels of the defendant. Despite the said annotation, the Far East Chemco Leasing Corporation still bought the aforesaid vessels.

    Issue: Whether or not the annotation on the titles of the vessels would make the buyer liable

    Held: While Far East Chemco, as a buyer of the vessels purchased the same at its own risk, the assumed risk pertains only to the possibility of the sale being rescinded. It is error to make private respondent pay petitioner the value of the three vessels or to order the return of the vessels to petitioner without the sale first being rescinded.

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