FACTS: Standard Oil
sued 5 debtors for payment, including appellant Vicente Villanueva who acted as
surety to the loan. CFI Manila ordered the defendants to pay jointly and
severally to the plaintiffs. While the judgment was in the course of execution,
Elisa Villanueva, wife of Vicente, appealed and alleged that her husband was
declared insane.
ISSUE: W/N suffering
from monomania of wealth necessarily warrants the conclusion that the person
does not have capacity to act
HELD: Villanueva
possess the capacity to act. No evidence that a person suffering from a
monomania of wealth is really insane and incapable of binding himself in a
contract. Capacity to act must be presumed to attach to every person who has not
been previously declared to be incapable, and to continue until the contrary is
proven
No comments:
Post a Comment