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Atlantic Mutual Ins. Company, Et Al. vs. Manila Port Service, Et Al.

ATLANTIC MUTUAL INSURANCE COMPANY, THE NEW ZEALAND INSURANCE CO., LTD., AND PHILEX MINING CORPORATION, plaintiffs-appellants, vs. MANILA PORT SERVICE and/or MANILA RAILROAD COMPANY, defendant-appellees.

G.R. No. L-21907 | 1966-04-29

D E C I S I O N 


BENGZON, J.: 

Appeal from the judgment of the Manila court of first instance dismissing plaintiff's suit to recover the value of eleven (11) bales of cotton piece goods.

It is admitted that on July 11, 1960, defendant Port Service (Subsidiary of Manila Railroad Company) received in good condition ex SS Pioneer Minx, a shipment consisting of 216 bales of cotton piece goods, consigned to Philex Mining Corporation (one of plaintiffs); and that defendant Port Service failed to deliver (to said consignee) eleven bales of the total value of P8,840.26, for which formal claim was filed on September 9, 1960. As Port Service...