De Ocampo and Co V Gatchalian
De Ocampo and Co V Gatchalian
De Ocampo and Co V Gatchalian
R.
DE
OCAMPO
&
CO., plaintiff-appellee, vs.ANITA
GATCHALIAN, ET AL., defendants-appellants.
G.R. No. L-15126
LABRADOR, J.:
The action is for the recovery of the value of a check for P600
payable to the plaintiff and drawn by defendant Anita C.
Gatchalian. The complaint sets forth the check and alleges that
plaintiff received it in payment of the indebtedness of one Matilde
Gonzales; that upon receipt of said check, plaintiff gave Matilde
Gonzales P158.25, the difference between the face value of the
check and Matilde Gonzales' indebtedness. The defendants admit
the execution of the check but they allege in their answer, as
affirmative defense, that it was issued subject to a condition, which
was not fulfilled, and that plaintiff was guilty of gross negligence in
not taking steps to protect itself.
FACTS:
plaintiff filed or caused to be filed with the Office of the City Fiscal
of Manila, a complaint for estafa against Manuel Gonzales based on
and arising from the acts of said Manuel Gonzales in paying his
obligations with plaintiff and receiving the cash balance of the
check, and that said complaint was subsequently dropped;
RULING:
a holder in due course;" and Section 52 (d), that in order that one
may be a holder in due course it is necessary that "at the time the
instrument was negotiated to him "he had no notice of any . . .
defect in the title of the person negotiating it;" and lastly Section
59, that every holder is deemed prima facieto be a holder in due
course.