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Asia Banking Corporation Vs. J. R. Herridge 045 Phil 580

In the matter of the involuntary insolvency of Umberto de Poli. THE ASIA BANKING CORPORATION, claimant-appellant, vs. J. R. HERRIDGE, assignee-appellee.

G.R. No. 20993 | 1923-12-22

D E C I S I O N


JOHNS, J .:

Relying upon the decisions of this court in Mitsui Bussan Kaisha vs. Hongkong & Shanghai Banking Corporation (36 Phil., 27), and Mahoney vs. Tuason (39 Phil., 952), the attorneys for the bank vigorously contend that in this kind of a proceeding the assignee does not act for, or represent, general creditors of the insolvent estate, and that he represents the insolvent only; that De Poli could not personally question the legal force and effect of the "letter warehouse receipts," and for such reason his assignee cannot question them. It must be conceded that the language used and the authorities cited in the...