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Philipine Refining Co. vs. Jarque

PHILIPPINE REFINING CO., plaintiff-appellee vs. JARQUE, defendant-appellant

G.R. No. 41506 | 1935-03-25

D E C I S I O N

MALCOLM, J:

First of all the reason why this case has been decided by the court in banc needs explanation. A motion was presented by counsel for the appellant in which it was asked that the case be heard and determined by the court sitting in banc because the admiralty jurisdiction of the court was involved, and this motion was granted in regular course. On further investigation it appears that this was error. The mere mortgage of a ship is a contract entered into by the parties to it without reference to navigation or perils of the sea, and does not, therefore, confer admiralty jurisdiction. (Bogart vs. Steamboat John Jay...