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4 P.R. 351

Hermanos v. Colberg

Supreme Court of Puerto Rico

Decided November 16, 1903

Supreme Court of Puerto Rico · decided 1903-11-16

■ STATEMENT OE THE CASE. This was a declaratory action prosecuted in the District Court of Mayagiiez by the firm of Carlo Hermanos of said city, as plaintiffs, and, on account of the failure of said firm, continued afterwards in the District Court of the United States by Gerardo Castelló, as judicial liquidator of said firm, represented by attorney Ramón Roura, against Colberg & Martinez, merchants of Cabo-Rojo, as defendants, represented by attorney José de Diego, for the…

Decided 1903-11-16

Me.. Chief Justice Quiñones,

¶1after making the above statement of facts, delivered the following opinion of the court:

¶2The findings of fact of the judgment appealed, are accepted, as also the conclusions of law, excepting the last; for inasmuch as Carlo Hermanos, in their complaint, did not request any reservation of rights, the reservation made in their favor in the judgment appealed from, is idle and serves no purpose.

¶3We adjudge that we should affirm and do affirm the aforesaid judgment, in so far as it dismisses the complaint and absolves therefrom Colberg & Martinez, with costs of both proceedings against appellant. .

Justices Hernández, Sulzbacher and MacLeary, concurred.Mr. Justice Figueras did not sit at the hearing of this case.
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