Case Digest
G.R. No. L-43608 July 20, 1937
The Yek Tong Lin Fire and Marine Insurance Co. plaintiff-appelant
vs.
Pelagio Yusingco, ET AL., – defendant
Vicente Madrigal, appellant
Diaz, J.:
Facts:
The plaintiff, Yek Tong Lin Fire & Marine Insurance Co., Ltd and defendant Vicente Madrigal. appealed from the judgment of Court of First Instance of Manila, ordering a. the defendant Pelagio Yusingco to pay to the plaintiff the sum of P17,590.85 with interest thereon at 12%/annum for August 10, 1932, until fully paid plus the sum of P4,500 as attorney’s fees and the cost of the suit; b. the defendant Vicente Madrigal to turn over to the plaintiff the amount of money received by him in October 1932 from his codefendant provincial sheriff of Surigao, and c. absolving said sheriff from the complaint. The appealed judgment is modified, reversing it in so far as it orders the defendant and appellant Vicente Madrigal to turn over to the plaintiff the amount of money paid him by the provincial sheriff of Surigao from the proceeds of the sale of the steamship Yusingco, and affirming it in so far as it absolves said sheriff from the complaint with the costs to the plaintiff-appellant.
Issue: Whether or not the plaintiff can claim for any even if they made a merge?
Ruling: No, obligations are extinguished by the merger of the rights of the creditor and debtor according to article 1275 “The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person.”
Obligations and Contracts 