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Us Vs Kiene

Kiene was an insurance agent convicted of estafa for failing to turn over collected premiums to China Mutual Life Insurance Company. He claimed he had no obligation to deliver the funds. The court held that under Article 1891, agents are obligated to deliver all funds received to their principal. As the agent, Kiene was bound by law to turn over the money collected to the insurance company.

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roland deschain
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61 views1 page

Us Vs Kiene

Kiene was an insurance agent convicted of estafa for failing to turn over collected premiums to China Mutual Life Insurance Company. He claimed he had no obligation to deliver the funds. The court held that under Article 1891, agents are obligated to deliver all funds received to their principal. As the agent, Kiene was bound by law to turn over the money collected to the insurance company.

Uploaded by

roland deschain
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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US vs KIENE

FACTS: Kiene was an insurance agent of China Mutual Life Insurance Company. He was convicted of the crime of estafa for his failure and
refusal to turn over to the insurance company the amount he has collected on account of the company. Kiene contended that he should not
be charged of estafa since there was no obligation on his part to deliver to the insurance company the amount collected.

ISSUE:Is Kiene liable to deliver the amount collected to the insurance company?

HELD: Yes. According to Art. 1891, “Every agent is bound to render an account of his transactions and to deliver to the principal whatever
he may have received by virtue of the agency, even though it may not be owing to the principal. Every stipulation exempting the agent from
the obligation to render an account shall be void.” Hence, Kiene is bound to deliver the sum of money.

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