In re Navarro Mendía

78 P.R. 349
CourtSupreme Court of Puerto Rico
DecidedMay 31, 1955
DocketNo. 83
StatusPublished

This text of 78 P.R. 349 (In re Navarro Mendía) 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
In re Navarro Mendía, 78 P.R. 349 (prsupreme 1955).

Opinion

Per Curiam.

On December 4, 1953, the Special Attorney General, by delegation of the Attorney General, filed in this Court a disbarment proceeding against Mr. Francisco Navarro Men-dia, attorney-at-law. The respondent answered and by decision of April 2, 1954, we‘ appointed Judge J. M. Calderon, Jr., to act as Master and hear and receive all the evidence that the parties wished to introduce, certifying and submitting it to this Court with his findings of fact. The following charges were made in the petition against respondent :

“First: That Mr. Francisco Navarro Mendia, acting as one-of the attorneys of Victor Maneiro, defendant in case No. 587 of the Superior Court of Puerto Rico, Division of Eminent [350]*350Domain, withdrew from said Court, check No. 2038 of October 30, 1952, to the order of Victor Maneiro, for the sum of seven hundred (700) dollars, which had been deposited by The People of Puerto Rico in favor of the defendant Victor Maneiro, for .a parcel of land and building which he owned, located in Salinas, Puerto Rico, object of the condemnation proceeding in case No. 587 of the Court of Eminent Domain of Puerto Rico, and on November 18, 1952, the said Francisco Navarro Men-dia, unlawfully, voluntarily, maliciously, and with the intention to defraud, without the due authority or consent of Victor Maneiro, circulated and presented for its collection in the Banco Popular de Puerto Rico, Santurce Branch, Puerto Rico, the check referred to in this count, with the forged indorsement of Victor Maneiro, knowing then and there that the indorsement was illegal and forged, receiving for said check the sum of seven hundred (700) dollars in legal tender of the United States of America, retaining said sum of money for his own benefit and to the prejudice of Victor Maneiro, its legitimate owner, until some time in the month of June 1953, when he finally delivered to Victor Maneiro the amount of the check. Francisco Navarro Mendia made said payment to his client Victor Maneiro after having learned that his conduct, in this respect, was being investigated by the inspectors of the Office of the Comptroller of Puerto Rico.
“Second: That Francisco Navarro Mendia, acting as one of the attorneys of Victor Maneiro, defendant in case No. 587 of the Superior Court of Puerto Rico, Division of Eminent Domain, withdrew from said Court, check No. 2110 of December 29, 1952, to the order of Victor Maneiro, for the sum of seven hundred ninety-four dollars and forty-eight cents ($794.48), which had been deposited by The People of Puerto Rico in favor of the defendant Victor Maneiro, for a parcel of land which he owned, located m Salinas, Puerto Rico, object of the condemnation proceeding in case No. 587 of the Court of Eminent Domain of Puerto Rico, and on December 31, 1952, the said Francisco Navarro Mendia, unlawfully, voluntarily, maliciously, and with the intention to defraud, without the due authority or consent of Victor Maneiro, circulated and presented for its collection in the Banco Popular de Puerto Rico, Santurce Branch, Puerto Rico, the check referred to in this count, with the forged indorsement of Victor Maneiro, knowing then and there that the indorsement was illegal and forged, [351]*351receiving for said check the sum of seven hundred ninety-four dollars and forty-eight cents ($794.48) in legal tender of the United States of America, retaining said sum of money for his own benefit and to the prejudice of Victor Maneiro, its legitimate owner, until some time in the month of June 1953, when he finally delivered to Victor Maneiro the amount of the check. Francisco Navarro Mendia made said payment to his client Victor Maneiro after having learned that his conduct, in this respect, was being investigated by the inspectors of the Office of the Comptroller of Puerto Rico.
“Third: That Francisco Navarro Mendia, acting as one of the attorneys of Gervasia Torres Ortiz, defendant in case No. 587 of the Superior Court of Puerto Rico, Division of Eminent Domain, withdrew from said Court, check No. 2198 of March 4, 1953, to the order of Gervasia Torres Ortiz, for the sum of four hundred twenty-seven dollars and fifty-two cents ($427.52), which had been deposited by The People of Puerto Rico in favor of the defendant Gervasia Torres Ortiz, for a parcel of land which she owned, located in Salinas, Puerto Rico, object of the condemnation proceeding in case No. 587 of the Court of Eminent Domain of Puerto Rico, and on March 6, 1953, the said Francisco Navarro Mendia, unlawfully, voluntarily, maliciously, and with the intention to defraud, without the due authority or consent of Gervasia Torres Ortiz, circulated and presented for its collection in the Banco Popular de Puerto Rico, Santurce Branch, Puerto Rico, the check referred to in this count, with the forged indorsement of Gervasia Torres Ortiz, knowing then and there that the indorsement was illegal and forged, receiving for said check the sum of four hundred twenty-seven dollars and fifty-two cents ($427.52), in legal tender of the United States of America, retaining said sum of money for his own benefit and to the prejudice of Gervasia Torres Ortiz, its legitimate owner, until some time in the month of June 1953, when he finally delivered to Gervasia Torres Ortiz the amount of the check. Francisco Navarro Mendia made said payment to his client Gervasia Torres Ortiz after having learned that his conduct, in this respect, was being investigated by the inspectors of the Office of the Comptroller of Puerto Rico.
“Fourth: That Francisco Navarro Mendia, acting as one of the attorneys of Arcadio Colón Román, defendant in case No. 587 of the Superior Court of Puerto Rico, Division of [352]*352Eminent Domain, withdrew from said Court, check No. 2197, ’of March 4, 1953, to the order of Arcadio Colón, for the sum of one thousand three hundred thirty-six dollars and sixty-one cents ($1,336.61), which had been deposited by The People of Puerto Rico in favor of the defendant Arcadio Colón, for a parcel of land which he owned, located in Salinas, Puerto Rico, object of the condemnation proceeding in case No. 587 of the Court of Eminent Domain of Puerto Rico, and on March 11, 1953, counsel Francisco Navarro Mendia, unlawfully, voluntarily, maliciously, and with the intention to defraud, without the due authority or consent of Arcadio Colón Román, circulated and presented for its collection in the Banco Popular de Puerto Rico, Santurce Branch, Puerto Rico, the check referred to in this count, with the forged indorsement of Arcadio Colón, knowing then and there that the indorsement was illegal and forged, receiving for said check the sum of one thousand three hundred thirty-six dollars and sixty-one cents ($1,336.61), in legal tender of the United States of America, retaining said sum of money for his own benefit and to the prejudice of Arcadio Colón, its legitimate owner, until May 21, 1953, when he finally delivered to Arcadio Colón Román the sum of one thousand three hundred and two dollars ($1,302), which payment he made after having learned that his conduct, in this respect, was being investigated by the inspectors of the Office of the Comptroller of Puerto Rico, after having been warned by his client Arcadio Colón that he would file an action against him.

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78 P.R. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-navarro-mendia-prsupreme-1955.