Claim is made in this litigation for the payment of a certain sum which the defendant Francisco Martinez had lost in a gambling game known as monte. This motion was denied and exception thereto was taken by the appellant, who duly filed the bill of exception, which was approved, certified to, and forwarded to the office of the clerk of this court. Moreover, he made a motion, in writing, for a new trial, on the ground that the facts did not justify the judgment of the court, which, he alleged, was contrary to law and the weight of the evidence. The case having come to trial and oral evidence having been adduced by both parties, to the record of which were afterwards united the documents exhibited, the court, on the 19th of June, 1907, rendered judgment, acquitting the defendants of the complaint, with the costs against the plaintiff, who, on being informed thereof, filed an exception to the judgment and announced his intention to present the appropriate bill of exceptions. By a writing of the 12th of September of the same year, the plaintiff denied the facts alleged as a special defense by the defendant in his answer and asked for a judgment for the amount claimed, with legal interest, and the costs. The defendants having been summoned to appear, and the demurrer interposed to the complaint having been denied and exception filed by the guardian of the defendant Martinez, on September 5, 1906, the defendants in answer stated that with the exception of the contents of the first paragraph of the complaint they denied generally and specifically each and all of the allegations made in the rest of the complaint, and, as a special defense, they set forth that the sum of 7,000 pesos claimed by the plaintiff, on the ground of the false transfer made in his favor by Jose Escalante, was an imaginary sum which the latter had won from Francisco Martinez y Garcia illegally and fraudulently in a game of monte, on which account they pray that they be acquitted of the complaint, with the costs against the plaintiff. Notwithstanding that the term of obligation had long since expired, and in spite of the various private and friendly negotiations had with the debtor and his guardian Vicente Ilustre, they had not paid the said claim up to the date of the complaint, they are indebted to the plaintiff for the entire sum wherefore the latter asks that, after the proper proceedings, judgment be rendered against the defendants, directing them to pay to the plaintiff the sum of 7,000 pesos, Mexican currency, or the equivalent in Philippine currency, with legal interest from the date of the complaint, and costs. A copy of the instrument of transfer and notification accompanies the record, under the letter B, and is made part of the complaint. On the same date, the debtor Martinez was duly notified of the transfer, and he acknowledged the same by affixing his signature thereto. On the same date, April 16, the aforesaid claim of 7,000 pesos was negotiated by the creditor Escalante, who transferred it to the plaintiff Azada y Lara in payment of an equal sum, and transmitted to him all the rights and actions he had against Martinez, substituting the latter in his place and conferring upon him the necessary powers for the collection of the said debt. A copy of the said instrument, marked with the letter A, accompanied the complaint as a part thereof. It was alleged in the complaint that the said Martinez Garcia bound himself by a public instrument of the date of April 16, 1903, to pay to Jose Escalante y Espinosa, within six months from that date, the sum of 7,000 pesos, Mexican currency, which he therein declared and acknowledged that he owed to the latter because of alike amount received in cash. On July 26, 1906, the plaintiff entered suit against the defendants, that is, against Francisco Martinez y Garcia and his judicially appointed guardian.
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