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MPS vs. FI & Surety Co., Inc., et al.

MANILA PORT SERVICE AND/OR MANILA RAILROAD COMPANY, petitioners, vs. FORTUNE INSURANCE & SURETY CO., INC., AND COURT OF APPEALS, respondents.

G.R. No. L-29812 | 1972-05-24

D E C I S I O N


REYES, J.B.L., J:

Petition for review on certiorari of the decision of the Court of Appeals, affirming the judgment of the Court of First Instance of Manila against the Manila Port Service and the Manila Railroad Company in its Civil Case No. 50845.

As found by the trial court, the facts of this case are as follows: P J. Rhodes & Co. shipped at the port of New Orleans, U. S. A., 998 bags of soyabean meal on board the vessel M/S "Philippines Rizal", consigned to Mabuhay Feeds, Inc. in Manila. The shipment was covered by insurance against all risks subscribed by the Fortune Insurance & Surety Co., Inc.

On 5 July 1961,...