chanroblesvirtualawlibrary chanrobles virtual law library chanroblesvirtualawlibrary chanrobles virtual law libraryīy a writing of the 12th of September of the same year, the plaintiff denied the facts alleged as a special defense for the defendant in his answer and asked for a judgment for the amount claimed, with legal interest, and the costs. The defendants having been summoned to appear, and the demurrer interposed to the complaint having been denied the exception filed by the guardian of the defendant Martinez, on September 5, 1906, the defendants in answer stated that with the exception of the contents of the first paragraph of the complaint they denied generally and specially each and all of the allegations made in the rest of the complaint, and, as a special defense, they set forth that the sum of 7,000 pesos claimed by the plaintiff, on the ground of the false transfer made in his favor by Jose Escalante, was an imaginary sum which the latter had won from Francisco Martinez y Garcia ilegally and fraudulently in a game of monte, on which account they pray that they be acquitted of the complaint, with the costs against the plaintiff. Notwithstanding that the term of the obligation had long since expired, and in spite of the various private and friendly negotiations had with the debtor and his guardian Vicente Ilustre, they had not paid the said claim up to the date of the complaint, nor any part thereof, and therefore, it is alleged, they are indebted to the plaintiff for the entire sum wherefore the latter asks that, after the proper proceedings, judgment be rendered against the defendants, directing them to pay to the plaintiff the sum of 7,000 pesos, Mexican currency or the equivalent in Philippine currency, with legal interest from the date of the complaint, and costs. A copy of the instrument of transfer and notification accompanies the record, under the letter B, and is made part of the complaint. On the same date the debtor Martinez was duly notified of the transfer, and he acknowledge the same by affixing his signature thereto. On the same date, April 16, the aforesaid claim of 7,000 pesos was negotiated by the creditor Escalante, who transferred it to the plaintiff Azada y Lara in payment of an equal sum, and transmitted to him all the rights and actions he had against Martinez, substituting the latter in his place and conferring upon him the necessary powers for the collection of the said debt. A copy of the said instruments, marked with the letter A, accompanied the complaint as a part thereof. It was alleged in the complaint that the said Martinez Garcia bound himself by a public instrument of the date of April 16, 1903, to pay to Jose Escalante y Espinosa, within six months from that date, the sum of 7,000 pesos, Mexican currency, which he therein declared and acknowledge that he owned to the latter because of a like amount received in cash. On July 26, 1906, the plaintiff entered suit against the defendants, that is, against Francisco Martinez y Garcia and his judicially appointed guardian.
Cruz Herrera and Buenaventura Reyes, for appellees. FRANCISCO MARTINEZ Y GARCIA, ET AL., Defendants-Appellees.Ī. RAFAEL AZADA Y LARA, Plaintiff-Appellant, vs.
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