Ibanez v. Hong Kong & Shanghai Banking Corp., 246 U.S. 627 (1918)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ibanez v. Hong Kong & Shanghai Banking Corp., 246 U.S. 627 (1918)
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Ibanez v. Hong Kong & Shanghai Banking Corporation No. 231 Argued March 20, 21, 1918 Decided April 29, 1918 246 U.S. 627
APPEAL FROM THE SUPREME COURT
OF THE PHILIPPINE ISLANDS
Syllabus
Mortgagors, in an action to foreclose, unsuccessfully pleaded in abatement their pending action to annul the mortgage, which had been submitted. Held that the ruling, even if erroneous, became harmless in view of a judgment in the earlier action by which the validity of the mortgage was correctly sustained.
The court accepts the lower courts’ interpretation of the Philippine law (Civil Code, Art. 1851) to the effect that mere failure of a creditor to sue when the obligation in whole or in part matures does not extend its term, and that to extinguish a surety’s liability, an extension must be based on some new agreement by which the creditor deprives himself of the right immediately to enforce his claim.
The judgment of the trial court is modified to correct a clerical error, appearing by the trial court’s opinion and by concession of appellee’s counsel.
30 Phil.Rep. 255 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Ibanez v. Hong Kong & Shanghai Banking Corp., 246 U.S. 627 (1918) in 246 U.S. 627 246 U.S. 628. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=CX7SJCQXAUTF7WL.
MLA: U.S. Supreme Court. "Syllabus." Ibanez v. Hong Kong & Shanghai Banking Corp., 246 U.S. 627 (1918), in 246 U.S. 627, page 246 U.S. 628. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=CX7SJCQXAUTF7WL.
Harvard: U.S. Supreme Court, 'Syllabus' in Ibanez v. Hong Kong & Shanghai Banking Corp., 246 U.S. 627 (1918). cited in 1918, 246 U.S. 627, pp.246 U.S. 628. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=CX7SJCQXAUTF7WL.
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