Gonzales V La Previsora
Gonzales V La Previsora
Gonzales V La Previsora
LA PREVISORA FILIPINA
[G.R. No. 48699. March 30, 1943.]
Facts:
Mendoza applied to La Previsora Filipina for a loan of P9,000 to be invested in
the construction of a house of strong materials and other improvements on
his lot. Gonzales consented to mortgaged his land and building as a collateral
security for the loan applied by Mendoza.
Issue:
Are Mendoza and Gonzales solidary liable to La Previsora?
Held:
No. It does not clearly and unequivocally appear from the contract in
question that Gonzales is a coborrower of Mendoza; nor is there any express
stipulation therein that Gonzales is jointly and severally liable with Mendoza
for the entire amount of the loan. Even if Mendoza and Gonzales were
coborrowers they would not be bound in solido in the absence of an express
stipulation to that effect.