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Phoenix Assurance vs Mocondray & Co

PHOENIX ASSURANCE COMPANY, plaintiff-appellant, vs. MACONDRAY & CO., INC., defendant-appellee.

G.R. No. L-25048 | 1975-05-13

AQUINO, J.:

This is a case involving the law of common carriers. There is no dispute as to the facts.

On October 24, 1961 the SS Fernbank received from Saco Lowell Shops, Greenville, South Carolina, a shipment consigned to the order of the Commercial Bank and Trust Company, a Manila bank, with arrival notice to Floro Spinning Mills 280 Escolta, Manila.

The shipment was insured for $5,450 with Phoenix Assurance Company of New York against all risks including loss or damage.

In the bill of lading the shipment is described as one box and one carton containing textile machinery spare parts including ball bearings weighing 930 pounds. The...