8/18/2019 G.R. No. L-2962 February 27, 1907 - B. H. MACKE v.

ACKE v. JOSE CAMPS<br /><br />007 Phil 553 : FEBRUARY 1907 - PHILIPPINE SUPRE…

ChanRobles™ Virtual Law Library™ | chanrobles.com™

Like 0 Tweet Share

Search

Philippine Supreme Court Jurisprudence > Year 1907 > February 1907 Decisions > G.R. No. L-2962 February 27,
1907 - B. H. MACKE v. JOSE CAMPS

007 Phil 553:

Custom Search
Search

ChanRobles On-Line Bar Review

FIRST DIVISION

[G.R. No. L-2962. February 27, 1907. ]

B. H. MACKE, ET AL., Plaintiffs-Appellees, v. JOSE CAMPS, Defendant-Appellant.

Manuel G. Gavieres, for Appellant.

Gibbs & Gale, for Appellees.

SYLLABUS

1. AGENCY; ESTOPPEL. — One who clothes another with apparent authority as his agent and holds him
out to the public as such, can not be permitted to deny the authority of such person to act as his agent to
the prejudice of innocent third parties dealing with such agent in good faith and in the honest belief that
he is what he appears to be.

2. ID.; PRESUMPTION. — Unless the contrary appears, the authority of an agent must be presumed to
include all the necessary and usual means of carrying his agency into effect.

DECISION

CARSON, J. :
DebtKollect Company, Inc.
The plaintiffs in this action, B. H. Macke and W. H. Chandler, partners doing business under the firm
name of Macke, Chandler & Company, allege that during the months of February and March, 1905, they
sold to the defendant and delivered at his place of business, known as the "Washington Cafe," various
bills of goods amounting to P351.50; that the defendant has only paid on account of said accounts the
sum of P174; that there is still due them on account of said goods the sum of P177.50; that before
instituting this action they made demand for the payment thereof; and that defendant had failed and
refused to pay the said balance or any part of it up to the time of the filing of the complaint.

B. H. Macke, one of the plaintiffs, testified that on the order of one Ricardo Flores, who represented
himself to be agent of the defendant, he shipped the said goods to the defendants at the Washington
Cafe; that Flores later acknowledged the receipt of said goods and made various payments thereon
amounting in all to P174; that on demand for payment of balance of the account Flores informed him
that he did not have the necessary funds on hand, and that he would have to wait the return of his
principal, the defendant, who was at that time visiting in the provinces; that Flores acknowledged the bill
for the goods furnished and the credits being the amount set out in the complaint; that when the goods
were ordered they were ordered on the credit of the defendant and that they were shipped by the
plaintiffs after inquiry which satisfied the witness as to the credit of the defendant and as to the authority
of Flores to act as his agent; that the witness always believed and still believes that Flores was the agent
of the defendant; and that when he went to the Washington Cafe for the purpose of collecting his bill he
found Flores, in the absence of the defendant in the provinces, apparently in charge of the business and
claiming to be the business manager of the defendant, said business being that of a hotel with a bar and

www.chanrobles.com/cralaw/1907februarydecisions.php?id=82 1/4
8/18/2019 G.R. No. L-2962 February 27, 1907 - B. H. MACKE v. JOSE CAMPS<br /><br />007 Phil 553 : FEBRUARY 1907 - PHILIPPINE SUPRE…
ChanRobles Intellectual Property restaurant annexed.

Division A written contract dated May 25, 1904, was introduced in evidence, from which it appears that one
Galmes, the former owner of the business now know as the "Washington Cafe," subrented the building
wherein the business was conducted, to the defendant for a period of one year, for the purpose of
carrying on that business, the defendant obligating himself not to sublet or subrent the building or the
business without the consent of the said Galmes. This contract was signed by the defendant and the
name of Ricardo Flores appears thereon as a witness, and attached thereto is an inventory of the
furniture and fittings which also is signed by the defendant with the word "sublessee" (subarrendatario)
below the name, and at the foot of this inventory the word "received" (recibo) followed by the name
"Ricardo Flores," with the words "managing agent" (el manejante encargado) immediately following his
name.

Galmes was called to the stand and identified the above- described document as the contract and
inventory delivered to him by the defendant, and further stated that he could not tell whether Flores was
working for himself or for some one else — that it to say, whether Flores was managing the business as
agent or sublessee.

The defendant did not go on the stand nor call any witnesses, and relies wholly on his contention that the
foregoing facts are not sufficient to establish the fact that he received the goods for which payment is
demanded.

In the absence of proof of the contrary we think that this evidence is sufficient to sustain a finding that
Flores was the agent of the defendant in the management of the bar of the Washington Cafe with
authority to bind the defendant, his principal, for the payment of the goods mentioned in the complaint.

The contract introduced in evidence sufficiently establishes the fact that the defendant was the owner of
business and of the bar, and the title of "managing agent" attached to the signature of Flores which
appears on that contract, together with the fact that, at the time the purchases in question were made,
Flores was apparently in charge of the business, performing the duties usually entrusted to managing
agent, leave little room for doubt that he was there as authorized agent of the defendant. One who
clothes another apparent authority as his agent, and holds him out to the public as such, can not be
permitted to deny the authority of such person to act as his agent, to the prejudice of innocent third
parties dealing with such person in good faith and in the following preassumptions or deductions, which
the law expressly directs to be made from particular facts, are deemed conclusive: chanrob1es virtual 1aw library

(1) "Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led
another to believe a particular thing true, and to act upon such belief, he can not, in any litigation arising
out such declaration, act, or omission, be permitted to falsify it" (subsec. 1, sec. 333, Act no. 190); and
unless the contrary appears, the authority of an agent must be presumed to include all the necessary and
February-1907 Jurisprudence usual means of carrying his agency into effect. (15 Conn., 347; 90 N. C. 101; 15 La. Ann, 247; 43 Mich.,
364; 93 N. Y., 495; 87 Ind., 187.)

That Flores, as managing agent of the Washington Cafe, had authority to buy such reasonable quantities
G.R. No. L-3150 February 1, 1907 - CIRILA of supplies as might from time to time be necessary in carrying on the business of hotel bar may fairly be
DOMINGO v. ANTONIO OSORIO presumed from the nature of the business, especially in view of the fact that his principal appears to have
left him in charge during more or less prolonged periods of absence; from an examination of the items of
007 Phil 405
the account attached to the complaint, we are of opinion that he was acting within the scope of his
G.R. No. L-3088 February 6, 1907 - EL BANCO authority in ordering these goods are binding on his principal, and in the absence of evidence to the
ESPAÑOL-FILIPINO v. JAMES PETERSON contrary, furnish satisfactory proof of their delivery as alleged in the complaint.

007 Phil 409 The judgment of the trial court is affirmed with the costs of his instance against the Appellant. After
expiration of twenty days judgment will be rendered in accordance herewith, and ten days thereafter the
G.R. No. L-3148 February 6, 1907 - ENRIQUE MA. case remanded to the lower court for proper action. So ordered.
BARRETTO v. CITY OF MANILA
Arellano, C.J., Torres, and Willard, JJ., concur.
007 Phil 416
Tracey, J., dissents.
G.R. No. L-3225 February 6, 1907 - BEHN v. W. H.
MITCHELL

007 Phil 420

G.R. No. L-1210 February 7, 1907 - UNITED STATES

v. FILOMENO APURADO Back to Home | Back to Main

007 Phil 422

G.R. No. L-2409 February 7, 1907 - IN RE: FELIPE QUICK SEARCH

G. CALDERON

007 Phil 427

1901 1902 1903 1904 1905 1906 1907 1908
G.R. No. L-3086 February 7, 1907 - MITSUI BUSSAN
KAISHA v. GOVERNMENT OF THE PHIL. ISLANDS 1909 1910 1911 1912 1913 1914 1915 1916
1917 1918 1919 1920 1921 1922 1923 1924
007 Phil 436
1925 1926 1927 1928 1929 1930 1931 1932
G.R. No. L-3240 February 8, 1907 - PABLO 1933 1934 1935 1936 1937 1938 1939 1940
TRINIDAD v. LUCAS RICAFORT
1941 1942 1943 1944 1945 1946 1947 1948
007 Phil 449 1949 1950 1951 1952 1953 1954 1955 1956

G.R. No. L-3019 February 9, 1907 - LA COMPAÑIA 1957 1958 1959 1960 1961 1962 1963 1964
GENERAL DE TABACOS DE FILIPINA v. VICENTE 1965 1966 1967 1968 1969 1970 1971 1972
ARAZA
1973 1974 1975 1976 1977 1978 1979 1980
007 Phil 455 1981 1982 1983 1984 1985 1986 1987 1988

G.R. No. L-3176 February 9, 1907 - UNITED STATES 1989 1990 1991 1992 1993 1994 1995 1996
v. C. M. PENDLETON 1997 1998 1999 2000 2001 2002 2003 2004
007 Phil 457 2005 2006 2007 2008 2009 2010 2011 2012
2013 2014 2015 2016 2017 2018
G.R. No. L-3246 February 9, 1907 - CADWALLADER
& CO. v. SMITH

007 Phil 461

G.R. No. L-3253 February 9, 1907 - UNITED STATES

v. E. S. JOCKERS Main Indices of the Library ---> Go!
007 Phil 464

G.R. No. L-3345 February 9, 1907 - JUAN

HERNANDEZ TIO-QUINCHUAN v. MANUEL LIM

www.chanrobles.com/cralaw/1907februarydecisions.php?id=82 2/4
8/18/2019 G.R. No. L-2962 February 27, 1907 - B. H. MACKE v. JOSE CAMPS<br /><br />007 Phil 553 : FEBRUARY 1907 - PHILIPPINE SUPRE…

007 Phil 467

G.R. No. L-3070 February 11, 1907 - UNITED

STATES v. JUAN CABILING

007 Phil 469

G.R. No. L-3346 February 13, 1907 - UNITED

STATES v. FRANCISCO DIMITILLO

007 Phil 475

G.R. No. L-2001 February 14, 1907 - SALVADOR

PANGANIBAN v. AGUSTIN CUEVAS

007 Phil 477

G.R. No. L-2963 February 14, 1907 - COMPAÑIA

GENERAL DE TABACOS DE FILIPINAS v. CITY OF
MANILA

007 Phil 488

G.R. No. L-3462 February 16, 1907 - UNITED

STATES v. SANTACRUZ DURUELO

007 Phil 497

G.R. No. L-2973 February 18, 1907 - JUAN MUYCO

v. PEDRO MONTILLA ET AL

007 Phil 498

G.R. No. L-3199 February 21, 1907 - ANGEL ORTIZ

v. LA COMPAÑIA MARITIMA

007 Phil 507

G.R. No. L-3390 February 21, 1907 - UNITED

STATES v. CIRIACO NUECA

007 Phil 511

G.R. No. L-3305 February 23, 1907 - UNITED

STATES v. PILAR JAVIER

007 Phil 514

G.R. No. L-3347 February 23, 1907 - UNITED

STATES v. ALVARO PADLAN

007 Phil 517

G.R. No. L-3371 February 23, 1907 - UNITED

STATES v. HILARIO BUENCONSEJO

007 Phil 520

G.R. No. L-3380 February 23, 1907 - UNITED

STATES v. SIMON SCHNEER

007 Phil 523

G.R. No. L-3650 February 23, 1907 - MARGARITA

TORIBIO v. MODESTA TORIBIO

007 Phil 526

G.R. No. L-3066 February 25, 1907 - H. L. HEATH v.

STEAMER "SAN NICOLAS

007 Phil 532

G.R. No. L-3351 February 25, 1907 - ANG SENG

QUEN v. JUAN TE CHICO

007 Phil 541

G.R. No. L-2938 February 26, 1907 - GOV’T. OF THE

PHIL. ISLANDS v. GRACIANO PUNZALAN

007 Phil 546

G.R. No. L-3444 February 26, 1907 - CITY OF

MANILA v. CHENG Y CHIANG

007 Phil 550

G.R. No. L-2962 February 27, 1907 - B. H. MACKE v.

JOSE CAMPS

007 Phil 553

G.R. No. L-3229 February 27, 1907 - ARSENIO DE

LA ROSA v. MARIANO ARENAS

007 Phil 556

G.R. No. L-3255 February 27, 1907 - UNITED

STATES v. CANDIDO ULAT

007 Phil 559

G.R. No. L-3298 February 27, 1907 - FELISA

NEPOMUCENO, ET AL. v. GENARO HEREDIA

007 Phil 563

G.R. No. L-3007 February 28, 1907 - ROMAN

CATHOLIC APOSTOLIC CHURCH v. MUNICIPALITY OF

www.chanrobles.com/cralaw/1907februarydecisions.php?id=82 3/4
8/18/2019 G.R. No. L-2962 February 27, 1907 - B. H. MACKE v. JOSE CAMPS<br /><br />007 Phil 553 : FEBRUARY 1907 - PHILIPPINE SUPRE…
BADOC

007 Phil 566

G.R. No. L-3135 February 28, 1907 - E. M.

BACHRACH v. JAMES J. PETERSON

007 Phil 571

G.R. No. L-3402 February 28, 1907 - JOSE

ITURRALDE v. FRANCISCA ALFONSO

007 Phil 576

Copyright © 1998 - 2019 ChanRobles Publishing Company | Disclaimer | E-mail Restrictions ChanRobles™ Virtual Law Library™ | chanrobles.com™ RED

www.chanrobles.com/cralaw/1907februarydecisions.php?id=82 4/4