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Rizal Surety & Insurance Company vs. Court Of Appeals, Et Al.

RIZAL SURETY & INSURANCE COMPANY, petitioner, vs. COURT OF APPEALS and UNITED STATES LINES COMPANY, respondents.

G.R. No. L-23729 | 1967-05-16

D E C I S I O N 


BENGZON, J.P., J.: 

On December 5, 1960, Rizal Surety & Insurance Co. insured against all risks a shipment of six (6) bales of cotton remnants loaded on board the S.S. PIONEER MIST in New York and consigned to Imperial Shirt Factory in Manila. Upon arrival of the ship in Manila, on the same date, the cargo was discharged unto the custody of the Manila Port Service, 1 the arrastre operator at the Port of Manila. 

When the consignee Imperial Shirt Factory took delivery of the cargo, it discovered that four (4) bales were either short landed and/or short delivered, possibly due to the fault or negligence of...