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Bank Of The Phil. Islands Vs. Fidelity & Surety Company Of The Phil. 051 Phil 57

THE BANK OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. FIDELITY & SURETY COMPANY OF THE PHILIPPINE ISLANDS, defendant-appellant.

G.R. No. 26743 | 1927-10-19

D E C I S I O N


MALCOLM, J.:

The purpose of this action is through the reformation of a written instrument of guaranty upon the ground of mistake - the alleged mistake consisting of the substitution of the words "Laguna Coconut Oil Co." for "Bank of the Philippine Islands" to obtain for the Bank of the Philippine Islands a judgment for P55,000, with interest, against the Fidelity and Surety Company of the Philippine Islands. The case is an old friend of the courts which has been with us twice before, and which, we are ungracious enough in our welcome to hope, has been seen by the court for the last time.
STATEMENT OF THE CASE
The...