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Roman Jaucian Vs. Francisco Querol 038 Phil 707

ROMAN JAUCIAN, plaintiff-appellant, vs. FRANCISCO QUEROL, administrator of the intestate estate of the deceased Hermenegildo Rogero, defendant-appellee.

G.R. No. 11307 | 1918-10-05

D E C I S I O N


STREET, J .:

This appeal by bill of exceptions was brought to reverse a judgment of the Court of First Instance of the Province of Albay whereby said court has refused to allow a claim in favor of the plaintiff, Roman Jaucian, against the estate of Hermenegilda Rogero upon the facts hereinbelow stated.

In October, 1908, Lino Dayandante and Hermenegilda Rogero executed a private writing in which they acknowledged themselves to be indebted to Roman Jaucian in the sum of P13,332.33. The terms of this obligation are fully set out at page 38 of the bill of exceptions. Its first clause is in the following words:

"We jointly...