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    Ang Vs American Steamship Case Digest

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    Justice Prevails
    Yau Yue Commercial Bank agreed to sell steel sheets to Herminio Teves, but Teves failed to pay the demand draft. Yau Yue endorsed the bill of lading to Domingo Ang. However, American Steamship Agencies, the carrier's agent, had already delivered the goods to Teves after he obtained a permit using a bank guarantee. Ang sued American Steamship for wrongful delivery. The lower court dismissed the case based on the Carriage of Goods by Sea Act's one-year period to bring suit for loss or damage. The Supreme Court reversed, finding the act did not apply because there was delivery, just to the wrong person, not loss or damage. The applicable prescriptive

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    Ang Vs American Steamship Case Digest

    Uploaded by

    Justice Prevails
    71 views1 page
    Yau Yue Commercial Bank agreed to sell steel sheets to Herminio Teves, but Teves failed to pay the demand draft. Yau Yue endorsed the bill of lading to Domingo Ang. However, American Steamship Agencies, the carrier's agent, had already delivered the goods to Teves after he obtained a permit using a bank guarantee. Ang sued American Steamship for wrongful delivery. The lower court dismissed the case based on the Carriage of Goods by Sea Act's one-year period to bring suit for loss or damage. The Supreme Court reversed, finding the act did not apply because there was delivery, just to the wrong person, not loss or damage. The applicable prescriptive

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    case digest for torts and damages

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    Ang vs American Steamship Case Digest

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    Yau Yue Commercial Bank agreed to sell steel sheets to Herminio Teves, but Teves failed to pay the demand draft. Yau Yue endorsed the bill of lading to Domingo Ang. However, American Steamship Agencies, the carrier's agent, had already delivered the goods to Teves after he obtained a permit using a bank guarantee. Ang sued American Steamship for wrongful delivery. The lower court dismissed the case based on the Carriage of Goods by Sea Act's one-year period to bring suit for loss or damage. The Supreme Court reversed, finding the act did not apply because there was delivery, just to the wrong person, not loss or damage. The applicable prescriptive

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    71 views1 page

    Ang Vs American Steamship Case Digest

    Uploaded by

    Justice Prevails
    Yau Yue Commercial Bank agreed to sell steel sheets to Herminio Teves, but Teves failed to pay the demand draft. Yau Yue endorsed the bill of lading to Domingo Ang. However, American Steamship Agencies, the carrier's agent, had already delivered the goods to Teves after he obtained a permit using a bank guarantee. Ang sued American Steamship for wrongful delivery. The lower court dismissed the case based on the Carriage of Goods by Sea Act's one-year period to bring suit for loss or damage. The Supreme Court reversed, finding the act did not apply because there was delivery, just to the wrong person, not loss or damage. The applicable prescriptive

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    Ang vs.

    American Steamship Agencies (19 SCRA 631) Facts: Yau Yue Commercial Bank of Hongkong agreed to sell 140 packages of galvanized steel durzinc sheets to Herminio Teves for $3 !4"#$ %$ &aid agreement 'as su()ect to the follo'ing terms* the purchase price should (e covered (+ a (ank draft 'hich should (e paid (+ Teves in e,change for the deliver+ to him of the (ill of lading to (e deposited 'ith honking and &hanghai Bank of -anila. that Teves 'ould present said (ill of lading to carrier/s agent! 0merican &teamship 0gencies 'hich 'ould then issue the 1permit to deliver imported articles2 to (e presented to the Bureau of customs to o(tain the release of the articles$ Yau Yue shipped the articles a(oard &$&$ Tensai -aru o'ned (+ 3issho &hipping Co$! of 'hich the 0merican &hipping is the agent in the 4hilippines$ 5hen the 0rticles arrived in manila! Honkong &hanghai/s Bank notified Teves of the arrival of the goods and re6uested for the pa+ment of the demand draft$ Teves! ho'ever! failed to pa+ the demand draft$ &o! the (ank returned the (ill of lading and the demand draft to Yau Yue 'hich endorsed the (ill of lading to 7omingo 0ng$ 7espite his non8pa+ment! Teves 'as a(le to o(tain a (ank guarantee in favor of the 0merican &teamship 0gencies! the carrier/s agent$ Thus! Teves succeeded in securing a 1 permit to deliver imported articles2 from the carrier/s agent! 'hich he presented to the Bureau of Customs! that released the said articles to him$ &u(se6uentl+! 7omingo 0ng claimed the articles from 0merican &teamship! (+ presenting the indorsed (ill of lading! (ut he 'as informed that it had delivered the articles to Teves$ 0ng filed a complaint in the Court of 9irst :nstance of -anila against 0merican shipping agencies! for having 'rongfull+ delivered the goods$ The 0merican &teamship filed for a motion to dismiss! citing the carriage of ;oods (+ &ea 0ct! section 3 paragraph 4! 'hich states* in an+ event! the carrier and the ship shall (e discharged from all lia(ilit+ in respect to loss or damage unless suit is (rought 'ithin one +ear! after deliver+ of goods or the date 'hen the goods should have (een delivered$ Thus! the lo'er court dismissed the action! on the ground of prescription$ Issue: 5hether or not the Carriage of ;oods (+ &ea 0ct &ection 3! 4aragraph 4! applies to the case at (ar< Hel : The provision of the la' speaks of 1loss or damage2$ But there 'as no damage caused to the goods 'hich 'ere delivered intact to Herminio Teves$ 0s defined (+ the Civil Code and as applied to section 3! paragraph 4! of the Carriage of ;oods (+ sea 0ct! 1loss2 contemplates a situation 'here no deliver+ at all 'as made (+ the shipper of the goods (ecause the same had perished! gone out of commerce! or disappeared that their e,istence is unkno'n or the+ cannot (e recovered$ :t does not include a situation 'here there 'as indeed deliver+! (ut deliver+ to the 'rong person$ The applica(le rule on prescription is that found in the Civil Code! either* ten +ears for (reach of contract or four +ears for 6uasi8delict$ :n either case! the plaintiff/s cause of action has not +et prescri(ed$ Thus! the case is remanded to the court a 6uo for further proceedings$

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