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Pao Chuan Wei Vs. Reposito Nomorosa, Et Al. 103 Phil 57

PAO CHUAN WEI, plaintiff-appellant, vs. REPOSITO NOMOROSA and GENERAL INDEMNITY CO., INC., defendants-appellees.

G.R. No. L-10292 | 1958-02-28

D E C I S I O N


BENGZON, J.:

Initiated in the Manila court of first instance, this is a suit to recover on a surety bond executed in plaintiff's favor by Reposito Nomorosa, as principal debtor and General Indemnity Co., Inc., as surety.

Nomorosa died after answering the complaint, and the case against him was dismissed. General Indemnity Co., Inc., pleaded prescription.

After several incidents immaterial at this stage of the proceedings, the controversy was submitted for decision upon a stipulation of facts the main terms of which ran as follows:

On November 22, 1949 General Indemnity executed the bond Exh. B whereby it guaranteed,...