The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-11-08
TIL PACIFIC
Commercial Advertiser.
History Of the Morrison Case.

version on the part Of some q our correspondent,
AMI Ne have been requested. for the information Of
our readers, many OF whom are no doubt but i'm
perfectly acquainted with the case as reported in the
PoIyassiaa, TO r~e-pubIish the two judgments pro
nouncei against Mr.. Morrison, together with the
history Of the case in brief To this request We
cheerfully accede, in justice to the judges Of the
Supreme Court, who. We understand, are 1t this
moment as fully satisfied Of the justice Of their de-
cisiou in the cause, IS they we're on HE l2th June
I.s.. when Judgment was given upon the merits Of
the case after The most mature deIberatiou-
The complainants' petition was presented TO Chief
Justice Allen, a. Chancellor, early in the year 1889.
and after the testimony had been put in on both sides.
the cause was presented and argued before MIN, on
the 18th March and two succeeding days The case
was held under adviement By the Chief Justice, till
the ID of February, 1860. when he gave Judgment.
pro forma, in favor Of the Plaintiffs, without giving
q written opinion, both parties expressing their &C
quiescence in this course, As the party against whom
be should decide would appeal to the full Court. Ac-
cordingIy, the case was appealed. and the parties
were allowed an opportunity to adduce any further
evidence. that might have been discovered subse-
quently TO the first hearing. The argument Of the
cause, before the full Court, which occupied several
days, vss brought TO 4 close on the 23d March, 1860,
and final judgment was given on the 12rh Of June.
n follows:
hi. 5 4 bm in equity fled BY K Kspaakea- A Keohokal9Ie.
lis wife, aud David kAlAkaua, % ~ aside. q the ground o.
q Hanasua-H Hawai-, kno~n as The ahgPgaA Ofthe - PAaahau-"
m bl It,, s[ti, In sub.tance. mat A. K-ohoka aloe vas pos
ses~a. in her ON right. % the Ahgpeaa q P@auhaH, and ia;
lad snd % . eur.s,y thersin; that kap@aLea and keohokzi2.s
KsIakaaS the said Iand of PaaGhAu. together ~ith olher estates,
IA trust, nr ne Payn.at o. the te5s q kePAakea; ana 'r the
kaa. visited th- Island q Hawaii for he purpose Of ascertain
ing the erten: and value Of PAauhuz, in order that the sane
mght he disposed Of 20 the best AdVsn-7<es That h- invited
joseph H. Morrison. the frs: named respondent, 20 cone from
FAaGhaG ad meet him AZ HBo. FOR the Pgrpo-e Of giving him
eSrrect inEo.msiioo N rs1ri o TIE laid that aid Ngrisonis
yS.s = b. n.rrias- ac.~i a !. saperfat.ndent q the land. and
rhas her husband hal exercised th- functions q superintendent
Ofhs desire to sell PasGhAu and asked him What a the
tent q IL 10 ~heh he replied TIA; Il consisted u aboU; Twelve
haDdred scres-lhat much % il vas occupied BY KuJeanAs, and
tia; the character Of the land ~as Poor that aner much con-
~hieS he reTreseased a. Twelve huadr-i acres a; he rate Of
- . ya,fson - bT1 a. - -
that p-iee, an5 OF the l1th Of Sov-nt-r. 1850 executed and
-As subsequently, executed ~ kaPAakea and keohokaIole,
tai the Lard being eneurl-ruI By a mortgage 90 James /.
pO~sea, an agent o. NorrisaH RsAe Ike rsPts,entatio9s 70 Mr.
% release rs mortgage that The Representations made by
. ~ - - ~ -, - ~ ,hs,,s ~ = ,br,-saJ 60 -
occupied % kuleznas than i usual fr large lands AMI much q
IL beius ar1ble and pro@ireuye that Instead Of being worth
tsc,..af- 49, aorTis1o La- trspsfrr-d A couuzratiyeIv small
portion ortbs lad TO john p Parker for the sum Of three thou
sani doyiaS, and several smaller portions 70 eerain other
parties br sums unknosn % the compliments that since
the cuuveTAuCe - HIN. HrTl-p a. declared u IND per
.ous that h dd not think be Vas a purchasing 50 large a tract
oflAnd as 8 nov APPEAR Is eontAinsd Eiihin the boundaries q
twelve hundred acres % thereAhogt- The complainant tender
erprsssed in The deed % cnayO anee To Morrison. praying that
sad deed may he declared void I; that .aid Morison may be
ne sale q any PORTION Of The land that an injunction may
issue, and that the respondents nay te required TO deliver up
50 much q TIE Land as has cot beer transferred TO bona fe
m respondents in their answers admit that Keohohi-aha..
sinc- her marriage hot Mt before. AGED as the nominal super
acted in that ctpac.y. although he has at tines taken the
troabse. Eraraisoa.ly, 20 frEard 10 KeohokAloIe the small sums
N land gs.sr :; De ,, kss % i They adm. dr. TIA, :hs rs,ggsssen :
@5v:sS<f 9.rh. 1885,, keai-a. kau.
srz.-TAe mail for Kehal~ s-avins today. I embrace the
SPPoranfy % write, and Hi.hips 700 :. NEE, me IN Hlo by
in KohsLa. ny soo,her snI f.sher having appointed me heir
soe agent t1r all their property beth real aud personal There
her Sh. befre my departure sr IiooolIlu. bringing with You
tn= yraSJ ren. o !, 80 % ne land, ~ 'hsre : any +; hoEeEsr,
sui and rEzrd. to ksoichI.s and he f1niiy.
Ksa - SoriTSi .e;:s: 6a@ 5s5 iasr%Ias ne .s.' LIZ:
hsal,h is asrerabI., and hoping yours the same,
IrenAin yours ever,
The respondents state thar Morrison ne, kalaEauz at HIo
10 Eno.I-are whatever Of K.akaaais intention to Ell the
land that a. he interyie~ Nornson handed to kaiakaua the
informing him at the sans time that the income from Paauhau
whfch th-rs ~ere t<eIve or fgrtern on the land: that KaI.kaua
asked r-sponden; il :. kEes how mu-h paaahAG Contained. 70
vhich he rF@ied that he dill not kaOw and that he had heard u
never had been surveyed that RaLAkaua then asked the
hsR % Ehsrh be r-ph-i tkas be did not sha. kallEar.
sssa said % hta, = go1t zoo want 70 buy i: .9ar'eif'T, 70
N-zl IN exchange Er Paaahau. ont kaIAkaua sASi he could
4I
he EOali sg the land fr The amount Of the mortgage, which he
sAii ~ ahvas SIX sGgir-d dollars that Respondent, having
established n hnne ga PaaGh@u. s=- willing 10 purchase it. and
- g - - r. -, - -
pssf;iFeiy dgzie- that BE stated in the eonver-aii0n With KAIa-
hznlred acres or any cher definite or ascertained quantity OF
G+ Il an i "a aa.a ska e &c % BY kalaEaaa: : , Rsasf h P aa .e IN,
nrleh q klAkaaA's iateatcnt % sci PAAahsu before bring ask
si ao- much Il eoHiaiHed- or tazs he misrePresented the *
.snt vzi1e c Fa1!..y q sa5i land ne re-pooieni Morrison
K-ohokGIole or Eapaak=a. - at bis request as he had 20
communication viii either * item in relation thereto that The
80 - rs--- 80. a., ~ a. !" .s6 Z HI =, "a Insi
ana To- ~ iaGri-v aE5 i-Ib-Tafiou b-fer- - a.
eoaveyAnee that J. i not tr1e- as an-geI, tia, any agent q
1. Bow.-tt thss tb- extent of Pssuhau was twelve hundred
acres OF any otler definite auann'y that previous to hs pur-
PsAuhag. lying besseen the " and the f9rest. and bat h. Lad
80 ne 81 ar oTt al ia. fs - ec1HJs,a 1hSn
Ep % this time Ehkno~n and andeEuei that there are thirteen
EaieanAs, comprising about one hundred and thirtyseyen acres,
iat>r-ee; tbs laDa in - entire breadth that it is not true. as
p L1H-1 afaoIr
present, on Account q is distance from a market or shipping
st,ee III . p All Az a., ,ss ~ .heb he al ri 3. f1I = %
is air market yaiu- at the time such isthe case in substance.
as sss s1rth in The bin AMI Answ.r-
ms cas- hss sesn arsuei -th sreat eare and ability Tie
EHrt u uec -S-1-y o. give u vtTy much n detail. hut shall con
nne my atsniiou % such portions a. bear upon the qu-stf n
in which are involved the Substantial merits q the case
Isl eoarenSed by the complainant that he VA indrcei TO
make the sale BY material misrrpresen-au1us os the respondent.
who X "A afeeei stool in the capacity q AGENT. anil before
making any exposition q the general Law % the case viii in
tie art FiAse eoE1ne my attention to che Consideration % this
allegation
1t APPEARS frm thu answer aod the evidence tha; this Ahu-
pusa called PAtuhau hGd tsen IL charge q the mother % the
wife % the respondent or ma1y years. AMI a. her death the
-uperistendenee dsvoivel or -as conferred upon the wife Of
the Respondent ~ho acted - sanohiki ofthe land This Kind
% Agency may he regarded As Somewhat peculiar TO the Uaxa-
ian customs To docs not appear that the husband Lad ever
act~I suy further than in all q his wIf-. she b-iu- REGARDED by
the owner % the LAID - The k5a0hfEi. and he had not been r-
garted az in charge. and I do not think any on. should Rave
the responsibilities Il IN agency unless IL Is defined and Under
st1-i- kor ia man - acting in a hIuciary capacity. and
r...ea a rnnfrac xr-afIr u n. ndr.r.a-r a. u - =