PNB Vs SAYO
PNB Vs SAYO
PNB Vs SAYO
o Transfer of quedans – Noah’s Rosa, RNS and St. - The warehouseman is entitled to the warehouseman’s lien
Therese Luis and Cresencia PNB that attaches to the goods invokable against anyone who
claims a right of possession thereon.
- Luis and Cresencia failed to pay their loans hence PNB
demanded delivery of sugar stocks, however, Noah’s Ark - However, in this case, the lien was lost when R refused to
refused, alleging ownership thereof. deliver the goods, which were not anchored to a valid
excuse (i.e. non satisfaction of W/Hman Lien) but on an
- Noah’s Ark contended that the agreement made by them adverse claim of ownership.
with the vendees was stopped since the bank dishonored
the payments made by the vendees to Noah’s Ark. As such, - The loss of W/H Man’s lien does not necessarily mean the
the vendees and the endorsers of the quedans never extinguishment of the obligation to pay the W/H fees and
acquired ownership thereof. charges which continues to be a personal liability of the
owners, PNB in this case. However, such fees and charges
- Noah’s Ark claimed for warehouseman’s lien for the storage have ceased to accrue from the date of the rejection by
of the goods. Noah’s Ark to heed the lawful demand for the release of the
goods.
- LC granted lien
- PNB appealed