Mahlon Pitney

“ The principal contention of appellants, and the one upon which all others turn, is that the court of first instance and the supreme court of the Islands erred in holding that, under the terms of the contracts of October 25, 1905, and December 7, 1908, the credits involved were delivered to the appellant Alejandro Montelibano not as purchaser, but merely as agent for purposes of collection, with an option to purchase that was not carried out, and that therefore the tobacco company was entitled to the proceeds so far as collected, and a return of the uncollected credits or their value. ”

“ Defendant prayed that the action of plaintiffs be dismissed; that the plaintiff Alejandro Montelibano be required to render an accounting of the sums collected by him, of the credits remaining uncollected, and of all his transactions under the contracts, and that judgment be rendered in favor of defendant and against the plaintiff Alejandro for the sum found to be due; that a receiver be appointed to care for the uncollected credits and the mortgaged property ”

“ The action being of an equitable nature, the proper method of review is by appeal, and the writ of error will be dismissed. De la Rama v. De la Rama, 201 U.S. 303, 309, 50 L. ed. 765, 767, 26 Sup. Ct. Rep. ”