GR L 25748; (March, 1975) (Digest)
G.R. No. L-25748. March 10, 1975.
CONSOLIDATED TERMINALS, INC., plaintiff-appellant, vs. ARTEX DEVELOPMENT CO., INC., defendant-appellee.
FACTS
Consolidated Terminals, Inc. (CTI), a customs bonded warehouse operator, received 193 bales of raw cotton on deposit from Luzon Brokerage Corporation, to be held for the consignee, Paramount Textile Mills, Inc., pending the opening of a letter of credit. Artex Development Co., Inc. (Artex) obtained delivery of the cotton in November 1964 by presenting a permit to deliver imported goods, which CTI later alleged was forged, and paid CTI storage charges. At the time of release, the required letter of credit had not been opened, and customs duties and taxes remained unpaid. CTI’s initial replevin action failed, leading it to file an amended complaint seeking compensatory damages equivalent to the cotton’s value, plus nominal and exemplary damages and attorney’s fees from Artex.
Artex moved to dismiss for lack of cause of action, asserting it was not shown to have presented the delivery permit and that it had returned the cotton to Paramount due to a rescinded sale over quality issues. The trial court granted the motion, reasoning CTI, as a warehouseman already paid its charges, had no actionable claim against Artex for the latter’s failure to open a letter of credit or pay duties, as those breaches concerned the shipper and the government, respectively. CTI appealed, arguing it had a right to possess the goods and that Artex’s use of a falsified permit constituted a wrongful act entitling CTI to damages.
ISSUE
Whether the amended complaint sufficiently alleges a cause of action for damages by CTI against Artex.
RULING
No. The Supreme Court affirmed the dismissal, holding CTI’s amended complaint failed to state a cause of action. The legal logic centers on the absence of a clear allegation that Artex committed a delict or wrong against CTI that would legally justify the damages sought. While CTI, as a warehouseman, could be liable for conversion under the Warehouse Receipts Law if it delivered goods to one not lawfully entitled, that liability runs to parties having a right of property or possession in the goods—here, the depositor (Luzon Brokerage), consignee (Paramount), or shipper (Adolph Hanslik). The government also had an interest concerning unpaid duties. CTI did not allege that any of these real parties in interest had sued CTI for damages or held it liable, which could have provided a basis for CTI to seek indemnity from Artex. Without such an allegation, CTI, not being the owner, could not claim the cotton’s value from Artex. The complaint did not unequivocally show what right of CTI was violated; thus, no valid judgment could be rendered in its favor. The trial court correctly required a clear legal wrong against the plaintiff itself, not merely a speculative or derivative injury.
