Banco Territorial y Agrícola de Puerto Rico v. Rossy

18 P.R. 454
CourtSupreme Court of Puerto Rico
DecidedJune 5, 1912
DocketNo. 89
StatusPublished

This text of 18 P.R. 454 (Banco Territorial y Agrícola de Puerto Rico v. Rossy) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Banco Territorial y Agrícola de Puerto Rico v. Rossy, 18 P.R. 454 (prsupreme 1912).

Opinion

Mr. Chief Justice Hernández

delivered the opinion of the court.

In an action instituted in the District Court for the Judicial District of San Juan by Margarita and Eulalia Cintron and the Succession of José F. Cintron against the Banco Territorial y Agrícola de Puerto Rico for the rendition of an accounting and other matters, the aforesaid court rendered judgment on December 28,1907, refusing to decree the nullity of the judicial sale of estate “Laura” held on May 19, 1906, and ordered that within 15 days after said judgment had become final the defendant should render to the plaintiffs an itemized account, supported by vouchers, of the administration of said estate during the period comprised between June 30, 1902, and May 19, 1906, the plaintiffs being at the same time required, within 10 days from the presentation of the account in question, to signify whether they accepted or rejected the same, in which latter case the court, pursuant to section 205 of the Code of Civil Procedure and for the purpose of carrying out the judgment, would submit the question to a referee or referees designated in the manner prescribed by law, and it finally ordered that in case there should result any balance in favor of the plaintiffs, after covering the expenses vouched for and the debt of $12,196.96 for the collection of which the defendant had taken over the administration of estate “Laura,” such balance should be delivered to the plaintiffs.

From this judgment both parties took an appeal, and this Supreme Court, by its decision of June 24, 1909, held that it should be affirmed in so far as it*refused to declare the nullity of the judicial sale held May-19, 1906, and ordered the Banco [456]*456Territorial y Agrícola de Puerto Rico to render to the plaintiffs within 15 days an itemized aceonnt, snpported by vouchers, of the administration of the estate “Laura” during the period comprised between June 30, 1902, and May 19, 1906, which term might be extended at the discretion of the lower court, the same judgment being reversed as to the other particulars contained therein, without any special imposition of costs.

In order to comply with the aforesaid judgment, in the part thereof referring to the rendition of accounts, the Banco Territorial y Agrícola produced an accounting of the administration of the estate “Laura” from June 30, 1902, with a balance in its favor of $14,606.69, to May 19, 1906, when it closed with a balance, likewise in its favor, of $22,724.37. The adverse .party thereupon filed a motion on December 20, 1909, praying the court that inasmuch as the account produced was only an incomplete copy of the mercantile books of the bank, unsupported by vouchers and without reference to the various items of property received under inventory when said bank took charge of the administration of the estate “Laura,” the defendant be ordered to produce, within 15 days, an itemized account, supported by vouchers and accompanied by the inventory under which the bank had taken over the administration, as also by.the respective original voucher for every item, and that another term of 15 days be fixed within which the plaintiffs may oppose or present their objections to each and every, item of said account and thus to determine the true balance, with interest, resulting in favor of or against the plaintiffs or defendant.

The motion was sustained by order of March 19, 1910, whereupon counsel for the Banco Territorial y Agrícola applied to this Supreme Court for a writ of certiorari to the end that, after a review of the proceedings had in the lower court, it should be adjudged that the accounts had been produced in due form, and that the plaintiffs should present such objections thereto as they thought justified in order that the bank [457]*457might then submit the vouchers of the items objected to, the questions to which said objections gave rise being thus decided according to justice.

The writ of certiorari having issued and the record of proceedings in the case having been forwarded to this court, a decision was handed down on March 27, 1911, adjudging that ■the remedy of certiorari did not lie, and ordering that the record be returned to the lower court, which remained at liberty to proceed with the case as if no writ had been issued.

The bank then produced another copy of the accounts of the administration of the estate “Laura” with such vouchers as it deemed proper, both as to the debit and credit items, counsel for Cintrón Hermanos objecting thereto (1) beéause the bank failed to produce the inventory of the property it had received in administration; (2) because the accounts do not comprise all the receipts of the administration of central “Laura,” but only such as refer to the canes, and these are incomplete; (3) because the receipts and vouchers therefor are not itemized and specific so as to facilitate a knowledge of their origin and the correctness of their respective amounts; (4) because in the receipts are not included the proceeds of the rum or molasses, nor of the land not planted in cane, nor of the pastures and wood, nor of the care of oxen belonging to outsiders, nor of the hiring out of the oxen of the estate, nor of that of the cars or carts, nor of the partnership in the care of cattle and planting of minor products, nor of the improper sale of sundry properties of the estate, nor of the lease of parcels of land belonging to the estate, nor of •the rent of its house with store annexed, nor of the sale of old lumber, iron, and copper, and machinery accessories; (5) because the very few receipt entries refer to the sale of canes to central “Mercedita” and do not include the complete administration of central “Laura” with all its utilities, benefits, and products; (6) because the receipts credited to Cintrón Hermanos are not the natural and true receipts that central “Laura” should have realized under a fair and regu[458]*458lar administration, according to the expert evidence produced at the trial; (7) because in the accounts are not included the molasses nor the rum belonging to the crops of 1905 and 1906; (8) because not even the receipts of sugar appear complete in the entries to the debit of the bank; (9) because in the accounts are fraudulently concealed or omitted the greater part of products other than sugar receded by the assistant manager the bank had placed in charge of central “Laura”; (10) because the receipts appearing in the accounts are not those of a sugar central under proper cultivation, such as the “Laura” estate, but of one converted into an agricultural colony; (11) because the items of debit and credit specified therein are not detailed and intelligible in their context; (12) because in the accounts are fraudulent^ omitted the legitimate receipts specified in the accompanying statement (exhibit No. 1); (13) because the special receipts corresponding to the production of sugar during the four crops covered by the accounts do not conform to the average of $30,000 each year established at the trial by expert evidence; (14) because upon grouping the receipts and expenses of each year of administration there appear objections and opposition thereto sustained in the various exhibits that have been presented.

On the strength of these objections counsel for Cintron Hermanos closes his motion with the prayer that an order be made to the following effect: (1) That such accounts, being contrary to the res judicata

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Bluebook (online)
18 P.R. 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banco-territorial-y-agricola-de-puerto-rico-v-rossy-prsupreme-1912.