EN BANC
[G.R. No. 8844. December 16, 1914. ]
FERNANDO MAULINI ET AL., Plaintiffs-Appellees, v. ANTONIO G. SERRANO, Defendant-Appellant.
R. M. Calvo, for Appellant.
Jose Arnaiz, for Appellees.
SYLLABUS
1. BILLS AND NOTES; PAROL EVIDENCE AS TO CONSIDERATION OF INDORSEMENT — Parol evidence is admissible to show that an indorsement was made wholly without consideration and, that in making it, the indorser acted as agent for the indorsee and as a mere vehicle for the transfer of the naked title from the maker to the indorsee.
2. ID.; ACCOMMODATION PARTY. — An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser without receiving value therefor and for the purpose of lending his name to some other person.
3. ID.; ACCOMMODATION NOTE. — An accommodation note is one to which the accommodating party has put his name without consideration for the purpose of accommodating some other party who is to use it and is expected to pay it.
4. CONTRACTS; PAROL EVIDENCE. — The prohibition against the introduction of parol evidence contained in Section 285 of the Code of Civil Procedure was designed to prevent alteration, change, modification, variation or contraction of the terms of a written instrument admittedly existing except in cases specifically named therein. The prohibition does not apply where the purpose of the parol evidence is to show that no written contract ever existed, that the minds of the parties never met on the terms of such a contract, that they never mutually agreed to enter into such a contract, and that there never existed any consideration upon which such an agreement could be founded.
2. ID.; ACCOMMODATION PARTY. — An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser without receiving value therefor and for the purpose of lending his name to some other person.
3. ID.; ACCOMMODATION NOTE. — An accommodation note is one to which the accommodating party has put his name without consideration for the purpose of accommodating some other party who is to use it and is expected to pay it.
4. CONTRACTS; PAROL EVIDENCE. — The prohibition against the introduction of parol evidence contained in Section 285 of the Code of Civil Procedure was designed to prevent alteration, change, modification, variation or contraction of the terms of a written instrument admittedly existing except in cases specifically named therein. The prohibition does not apply where the purpose of the parol evidence is to show that no written contract ever existed, that the minds of the parties never met on the terms of such a contract, that they never mutually agreed to enter into such a contract, and that there never existed any consideration upon which such an agreement could be founded.
D E C I S I O N
MORELAND, J.:
This is an appeal from a judgment of the Court of First Instance of the city of Manila in favor of the plaintiff for the sum of P3,000, with interest thereon at the rate of 1 1/2 per cent per month from September 5, 1912, together with the costs.
The action was brought by the plaintiff upon the contract of indorsement alleged to have been made in his favor by the defendant upon the following promissory note:jgc:chanrobles.com.ph
"P3,000 Due 5th of September, 1912.
"We jointly and severally agree to pay to the order of Don Antonio G. Serrano on or before the 5th day of September, 1912, the sum of three thousand pesos (P3,000) for value received for commercial operations. Notice and protest renounced. If the sum herein mentioned is not completely paid on the 5th day of September, 1912, this instrument will draw interest at the rate of 1
The action was brought by the plaintiff upon the contract of indorsement alleged to have been made in his favor by the defendant upon the following promissory note:jgc:chanrobles.com.ph
"P3,000 Due 5th of September, 1912.
"We jointly and severally agree to pay to the order of Don Antonio G. Serrano on or before the 5th day of September, 1912, the sum of three thousand pesos (P3,000) for value received for commercial operations. Notice and protest renounced. If the sum herein mentioned is not completely paid on the 5th day of September, 1912, this instrument will draw interest at the rate of 1
