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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. Kiene argued he had no obligation to deliver the funds. However, the court held that as an agent, Kiene was bound by law to render an account and deliver all funds received to his principal, the insurance company, making him liable to deliver the collected amounts.

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Xyla Amaro-Gonzalvo
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317 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. Kiene argued he had no obligation to deliver the funds. However, the court held that as an agent, Kiene was bound by law to render an account and deliver all funds received to his principal, the insurance company, making him liable to deliver the collected amounts.

Uploaded by

Xyla Amaro-Gonzalvo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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AGENCY (PART E)

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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