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Martinez vs. UFC, et al

FRANCISCO P. MARTINEZ, plaintiff-appellant, vs. UNITED FINANCE CORPORATION and/or IFC SERVICE LEASING AND ACCEPTANCE CORPORATION, defendant-appellee.

G.R. No. L-24017 | 1970-08-31

D E C I S I O N 


MAKALINTAL, J: 

Appeal from the order of August 1, 1964 of the Court of First Instance of Rizal dismissing the appellant's complaint 1 for malicious prosecution on the ground of failure to state a sufficient cause of action. 

The complaint, filed on October 15, 1963, alleges the following facts: The plaintiff was a general merchant engaged in buying and selling textiles and ready made clothes and an operator of a number of department stores. In 1959 he sold postdated checks at a discount to the defendant. The plaintiff's unpaid balance, as of November 29, 1960, amounted to P58,381.13. To secure payment thereof...