Eduque v Ocampo; G.R. No. L-222; 26 Apr 1950; 86 Phil 216

FACTS:
On 16 February 1935, Dr. Jose Eduque secured two loans from Mariano Ocampo de Leon, Dona Escolastica delos Reyes and defendant-appellant, with amounts of P40,000 and P15,000, both payable within 20 years with interest of 5% per annum. Payment of the loans was guaranteed by mortgage on real property. On 6 December 1943, plaintiff-appellee, as administratrix of the estate of Dr. Jose Eduque, tendered payment by means of a cashier’s check representing Japanese War notes to defendant-appellant, who refused payment. By reason of such refusal, an action was brought and the cashier’s check was deposited in court. After trial, judgment was rendered against Ocampo compelling him to accept the amount, among others. Ocampo accepted the judgment as to the second loan but appealed as to the first loan.

ISSUE(S):
Whether there was a tender of payment by means of a cashier’s check representing war notes.

RULING:
YES. Defendant accepted impliedly the consignation of the cashier’s check when he himself asked the court that out of the money consigned he be paid the amount of the second load. It is a rule that “a cashier’s check may constitute a sufficient tender where no objection is made on this ground.”

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Category: Legal Chyme

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