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FIRST
DIVISION
CHARLES S.
ROBINSON,
Plaintiff-Appellee,
G.
R.
No. L-3640
August
1, 1907
-versus-
CHARLES F.
GARRY,
Defendant-Appellant.
D E C I S I
O N
TRACEY, J :
John T. Macleod,
being
indebted to the plaintiff in the amount of P1,100, assigned to him an
overdue
promissory note of the defendant on which there remained a balance of
P565.31,
for which the present suit was brought.
Besides
defenses which
failed and are not pressed on this appeal, the defendant, by an Amended
Answer, pleaded that under Article 1535 of the Civil Code, he should be
allowed to satisfy the note by payment to the assignee of the amount
given
for it on the assignment, contending further that nothing having
actually
been advanced, but only a credit allowed, no payment of money was
required
of him. To this somewhat curious contention it is sufficient answer
that
Article 1535 of the Civil Code applies only to a claim in litigation [credito
litigioso] the meaning of which is not a claim open to litigation,
but one which is actually litigated; that is to say, disputed or
contested,
which happens only after an answer interposed in a suit. The terms of
this
article are plain and they are well commented upon by Manresa in his
treatise
thereon. The judgment of the Court of First Instance of the City of
Manila
is affirmed, with costs of this instance. So order.
Arellano, C.J.,
Torres, Johnson, and Willard, JJ., concur. |
