Professional Documents
Culture Documents
47
TORRES, J.:
This is an appeal filed by the defendant from a judgment of
conviction rendered by the Hon. Judge Araullo.
On the date of August 31, 1908, the attorneys for the
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P80
80
1,000
700
1,100
The plaintiffs alleged that the said jewelry, during the last
part of April or the beginning of May, 1908, was delivered
to Elena de Vega to sell on commission, and that the latter,
in turn, delivered it to Concepcion Perello, likewise to sell
on commission, but that Perello, instead of fulfilling her
trust, pledged the jewelry in the defendant's pawnshop,
situated at No. 33 Calle de Ilaya, Tondo, and appropriated
to her own use the money thereby obtained; that on July
30, 1908, Concepcion Perello was prosecuted for estafa,
convicted, and the judgment became final; that the said
jewelry was then under the control and in the possession of
the defendant, as a result of the pledge by Perello, and that
the former refused to deliver it to the plaintiffs, the owners
thereof, wherefore counsel for the plaintiffs asked that
judgment be rendered sentencing the defendant to make
restitution of the said jewelry and to pay the costs.
In the affidavit presented by the attorney for the
plaintiffs, dated September 2, 1908, after a statement and
description of the jewelry mentioned, it is set forth that the
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