The Fidelity and Deposit Company vs. Wilson
The Fidelity and Deposit Company vs. Wilson
The Fidelity and Deposit Company vs. Wilson
The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises.
However, he shall acquire no real right over it until the same has been delivered to him.
- A power over a specific thing (like the right of ownership or possession) and is binding on the
whole world. Non nudis pactis, sed traditionis dominia rerym transferatur. As a consequence of
certain contracts, it is not agreement but tradition or delivery that transfers ownership.
TITLE
THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
plaintiff-appellant,
vs.
WILLIAM A. WILSON, ET AL., defendants-appellees.
Hartigan, Marple, Rohde & Gutierrez for appellant.
F.G. Waite and H.D. Terrell for appellees.
MAPA, J.:
FACTS:
Defendant Wilson was, on the 1st of October, 1902, an employee of the Government of the
Philippine Islands, as disbursing officer of the Bureau of Coast Guard and Transportation. For the
security of the Government the plaintiff company and another company. The American Surety
Company of New York, became sureties on the official bond of Wilson for the sum of $ 15,000,
United State currency. Wilson defaulted in the sum of $ 8,931.80, United States currency, and the
said two surety companies, after demand duly made upon them by the Government, were compelled
to pay and, as a matter of fact, did pay to said Government, in accordance with said bond, the sum
of $ 4,465.90, United States currency, each. Wilson, who had left the Philippine Islands, was
captured in the city of Montreal, Canada, for the purpose of being tried before the courts of the
Philippine Islands for the defalcation of said sum. When apprehended Wilson had on his person the
sum of $ 785 in gold. On October 17, 1904, the plaintiff filed a complaint against Wilson the money
that was confiscated from Wilson was transferred to the care of Mr. Branagan the Insular Treasurer.
On October 26, 1904, H.D. Terrell filed a complaint as intervenor in the case, alleging that on
September 3, of the same year, the defendant Wilson had ceded and transferred to the said Terrell
all of his, the said Wilson's rights in and to the said $785 in payment on account of a larger sum then
owed by said Wilson to the said H.D. Terrell for professional services already rendered and to be
rendered as attorney for said Wilson. Terrell claims the right of ownership in and to the said sum and
asks that the same be delivered to him as the legitimate owner to the exclusion of the other parties
in the case. The Trial court rendered a decision in favour of Terrell awarding the rights to the money
in question. The Plaintiff, The Fidelity and Deposit Company appealed and said that the court erred
in rendering judgment in favor of the intervenor H.D. Terrell for the $785 in the hands of the
depositary. The Supreme court reversed the decision of the lower court and that the payment and
delivery of said funds be made to Terrell and to the appellant.
Issue
Whether or not the lower court erred in granting the intervenor the ownership of the amount in
question.
Rulings
" The ownership and other property rights are acquired and transmitted by law, by gift, by testate or
intestate succession, and, in consequence of certain contracts, by tradition." And as the logical
application of this disposition article 1095 prescribes the following: "A creditor has the rights to the
fruits of a thing from the time the obligation to deliver it arises. However, he shall not acquire a real
right." (and the ownership is surely such) "until the property has been delivered to him."
Held
Yes, because even thou the intervenor have a written agreement which was executed by the Wilson
giving his rights, there was no delivery took place. Even he has a personal right to demand from
Wilson the said agreement still he has no real rights over it until it is delivered to him.