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China Insurance & Surety company vs. B. K. Berkenkotter

CHINA INSURANCE & SURETY COMPANY, INC., plaintiff-appellant, vs. B. K. BERKENKOTTER, defendant-appellant.

CA. No. 332 | 1949-04-29

D E C I S I O N

REYES, J p:
This case is now before this Court on a petition for reconstitution, the record of the case having been destroyed as a result of the military operations for the liberation of the City of Manila. At the time of the destruction of the record, the case was pending in the Court of Appeals upon appeal by both parties from a decision of the Court of First Instance of Manila.
In the proceeding for reconstitution conducted by the commissioner appointed by this Court (the Court of Appeals not being then in existence), the only portions of the record the parties were able to reconstruct were the following:
"1. Petition...