Cabrera v. American Colonial Bank
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO. This is a suit to foreclose a mortgage given by the appellant, Maria de las Nieves Cabrera y Pruna, to the appellee bank, executed by her on certain property in Porto Rico, to/secure a- promissory note for 8,000 pesos, provincial money,, made in favor of the bank by a mercantile firm in San Juan, known as Successores de J. M. Suarez y Compania, as principals, and the appellant above named as surety.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO. This is a suit to foreclose a mortgage given by the appellant, Maria de las Nieves Cabrera y Pruna, to the appellee bank, executed by her on certain property in Porto Rico, to/secure a- promissory note for 8,000 pesos, provincial money,, made in favor of the bank by a mercantile firm in San Juan, known as Successores de J. M. Suarez y Compania, as principals, and the appellant above named as surety. The Banco Territorial y Agrícola was also made a party, but as it disclaimed any interest in the controversy, no further…
1Opinion of the Court
Mb. Justice McKenna,
after making the foregoing stater ment, delivered the 'opinion of the court.
Appellants, to sustain their contention that the bill of sale was an absolute conveyance and accomplished payment of the debts to the bank, quote provisions of the Spanish Civil Code which, it is said, was in. force in Porto Rico until 1902, which provides that the obligations of contracts must be complied .with according to their terms, that their provisions when clear and explicit must control,, and that there can be no evidence of the terms of the agreement other than the contents of the…
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