CAse Digest
♥ ILOVEYOU ♥
Oria Vs McMicking
Source: www.lawphil.net
Art. 1387. All contracts by virtue of which the debtor alienates property by gratuitous title are presumed to have been entered into in fraud of creditors, when the donor did not reserve sufficient property to pay all debts contracted before the donation.
FACTS
Gutierrez Hermanos filed an action for recovery of a sum of money against Oria Hermanos & Co. and herein plaintiff filed an action for recovery also for the same defendant. Before the institution of the suits, members of the Company dissolved their relations and entered into liquidation. Tomas Oria y Balbas acting in behalf of his co-owners entered into a contract with the herein plaintiff for the purpose of transferring and selling all the property which the Oria Hermanos & Co. owned and among the goods stated on that instrument was the steamship Serpantes and which the subject of this litigation. When the Trail Court resolved the action for recovery filed by Gutierrez Hermanos and jugdment was in his favor, The sheriff demanded to Tomas Oria y Balbas to make payment but the latter said there were no funds to pay the same. The sheriff then levied on the steamer, took possession of the same and announced it for public auction. Herein plaintiff claimed that he is the owner of the steamer by virtue of the selling of all the properties of the said Company.
ISSUES
is the sale from Oria Hermanos to Manuel Oria y Gonzalez fraudulent against the creditors of Oria Hermanos, making the transfer of the steamship void as to the creditors, and as to Gutierrez Hermanos in particular
HELD
At the time of said sale the value of the assets of Oria Hermanos & Co., as stated by the partners themselves, was P274,000. The vendee of said sale was a son of Tomas Oria y Balbas and a nephew of the other two persons heretofore mentioned which said three brothers together constituted all of the members of said company.The plaintiff is a young man of 25
Oria Vs McMicking
Source: www.lawphil.net
Art. 1387. All contracts by virtue of which the debtor alienates property by gratuitous title are presumed to have been entered into in fraud of creditors, when the donor did not reserve sufficient property to pay all debts contracted before the donation.
FACTS
Gutierrez Hermanos filed an action for recovery of a sum of money against Oria Hermanos & Co. and herein plaintiff filed an action for recovery also for the same defendant. Before the institution of the suits, members of the Company dissolved their relations and entered into liquidation. Tomas Oria y Balbas acting in behalf of his co-owners entered into a contract with the herein plaintiff for the purpose of transferring and selling all the property which the Oria Hermanos & Co. owned and among the goods stated on that instrument was the steamship Serpantes and which the subject of this litigation. When the Trail Court resolved the action for recovery filed by Gutierrez Hermanos and jugdment was in his favor, The sheriff demanded to Tomas Oria y Balbas to make payment but the latter said there were no funds to pay the same. The sheriff then levied on the steamer, took possession of the same and announced it for public auction. Herein plaintiff claimed that he is the owner of the steamer by virtue of the selling of all the properties of the said Company.
ISSUES
is the sale from Oria Hermanos to Manuel Oria y Gonzalez fraudulent against the creditors of Oria Hermanos, making the transfer of the steamship void as to the creditors, and as to Gutierrez Hermanos in particular
HELD
At the time of said sale the value of the assets of Oria Hermanos & Co., as stated by the partners themselves, was P274,000. The vendee of said sale was a son of Tomas Oria y Balbas and a nephew of the other two persons heretofore mentioned which said three brothers together constituted all of the members of said company.The plaintiff is a young man of 25