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Macondray & Co. vs. Eustaquio

MACONDRAY & CO., INC., plaintiff-appellant, vs. URBANO EUSTAQUIO, defendant-appellee.

G.R. No. 43683 | 1937-07-16

D E C I S I O N


IMPERIAL, J:

This is an appeal taken by the plaintiff corporation from the judgment of the Court of First Instance of Manila dismissing its complaint, without costs.

The plaintiff brought the action against the defendant to obtain the possession of an automobile mortgaged by the latter, and to recover the balance owing upon a note executed by him, the interest thereon, attorney's fees, expenses of collection, and the costs. The defendant was duly summoned, but he failed to appear or file his answer, wherefore, he was declared in default and the appealed judgment was rendered accordingly.

The plaintiff sold the...