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Pia vs. China Banking Corp. [SEPARATE OPINION HILADO]

HAW PIA, plaintiff-appellant, vs. THE CHINA BANKING CORPORATION, defendant-appellee. [SEPARATE OPINION HILADO]

G.R. No. L-554 | 1948-04-09

HILADO, J., with whom concur PADILLA and TUASON, JJ., dissenting: 

I dissent. 

On or about September 14, 1939, in the City of Manila, Philippines, Haw Pia obtained from the China Banking Corporation certain credit facilities in the form of overdraft withdrawable through promissory notes, letters of credit, trust receipts, bills of exchange, etc., and for the security thereof executed and delivered to the said bank the mortgage indenture known in the record as "Exhibit CC-plaintiff" or as "Exhibit Z" of "Defendant's Exhibit 1." It was stipulated in that mortgage indenture (12th clause), among other things, that should the...