On appeal the defendant assigns the following errors: A second trial was then had, and the lower court rendered judgment in favor of the plaintiff and against the defendant for the sum of P414,333.35, with interest at the rate of P66.67 a day from April 1, 1927, and for the further sum of 5 per cent of that amount as attorney's fees, and that the defendant should pay the judgment on or before November 18, 1928, and for failure to do so, the property described in the mortgage should be sold and the proceeds of sale applied to the satisfaction of the judgment, and for any deficiency, the plaintiff might have judgment over, for which execution should issue, and also for costs. From that judgment the plaintiff appealed to this court which on December 31, 1927, 1 sustained that decision of the lower court upon the legal questions involved, but due to the importance of the case and in the interest of justice, it ordered a new trial, and remanded the case to the lower court, with leave to the plaintiff to present the power of attorney and such other evidence as it might have and wish to present. That the amount of defendant's debt to the plaintiff with interest until November 14, 1924, was P357,075.80, no part of which has been paid, and the plaintiff prays for judgment against the defendant for the amount of the debt with interest and attorney's fees, and that the property described in the mortgage be sold and the proceeds of sale applied to the satisfaction of the debt, and for the judgment over for any deficiency which may remain, and for costs.įor answer the defendant made a general and specific denial under oath as to the genuineness and execution of both the note and the mortgage and of the debt.Īt the first trial the lower court dismissed the complaint for and on account of the failure of the plaintiff to present the original document, the power of attorney, upon which its action was based. That the mortgage provided that if the terms or conditions, the plaintiff could foreclose it, for which it should receive the further sum of 10 per cent of the amount due and owing for and on account of attorney's fees, expenses and costs. That to secure its payment with interests thereon at the rate of 9 per cent per annum, the defendant executed to the plaintiff a mortgage on certain real property in the City and Province of Iloilo, which instrument was duly registered in the registry of deeds of that province, a copy of which is attached to, and made a part of, the complaint, marked Exhibit A. The complaint alleges that the defendant received from the plaintiff a loan of P300,000, for which she executed and delivered to the plaintiff her certain promissory note dated May 23, 1922, a copy of which is set out and made a parts of the complaint. The plaintiff is a domestic corporation with its principal office and place of business in the City of Manila. TAN ONG SZE, Viuda de Tan Toco, defendant-appellant. PHILIPPINE NATIONAL BANK, plaintiff-appellee,
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