The Hawaiian gazette., 1876-03-08
AWAIIAN GAZETTE
AN INDEPENDENT JOURNAL,
DEVOTED TO HAWAIIAN PROGRESS.
supreme Court of the Hawaiian
Islands.
II. A. WTDEHANN rs. f. G.. PADEREN,
IN BANKRUPTCY
BEFoRE YIN. JusrIcE JuDD.

II. A. Widemann creditor filed his petition
Feb. 4 1876 praying to have one Frederick q.
Padekeu declared a bankrupt, alleging that the
debtor is owing debts to the amount OF Two
thousand dollars, anu that he owed petitioner
over four hundred dollars, and that the said Pade-
ken had departed this Kingdom on the 18th Of
October 1875, with the intent to defraud and de-
lay his creditors.
The restraining order to the Marshal was is
sued as was also the order Of notice OF hearing
and directing service on the debtor, returnable on
Feb. % 1876. At the hearing. due proof of pub
LEGATION was made anu the Marshal returned the
restraining order complied with, and that he had
not served the debtor as he was not IN the King.
dom.
Mr.. A. S. Hartwe asked leave to appear for
H. b. jackson, and contest the petition. showing
to the Court that he had received satisfaction Of
judgment had in this Court at the last October
term, against said Padeken on writ oil execu-
ton issued on said judgment at date subsequent
10 the alleged act of bankruptcy. Objection be-
ing made and argument had thereon, the Court
ruled that II. b. jackson was not creditor and
his interest in this matter was too remote to ad-
nit him as party, it being merely the liability
to be sued by the assignees when elected.
Mr.. S b. Dole asked leave to appear for E.
Mikalemi, Haulr, Hookano and Kapono, show
ing to the Court that on the 18th of September,
1875, they signed three several bail bonds execu-
ted bv the said F. q. Padeken as principal, as
sureties to the same for the aggregate penal sum
Of TWENTY-FIVE hundred dollars, payable 10 W. c.
Parke, Marshal Of the Kingdom, conditional on
the appearance Of the said Padeken at the No
vember term 1875, of the Third Judicial Circui:
Court. and that the said bonds were forfeited by
the failure of the said Padeken to appear at said
Court. Section 9G9 Of the Civil Code was cited,
which reads as follows =" DeSts not due may be
proved before the justice, allowing discount for
interest, and all persons who are endOrsers or
sureties for the debtor, or who have demands
against him as drawer or endOrser of any note,
and all who have demands upon any bottomry or
boLd, or for a debt that may be-
come due upon any other contingency whatever,
may be considered as creditors within the provis-
ions of this article provided that the bill, note,
bond or other contract, be made by the debtor
before the bankruptcy committed: and that the
debt demanded thereupon shall become absolute
before the final dividend Of the bankrupt's es-
tale.'
The Court ruled that although this section |
might give the parties the right to come in and |
prove their claims, if bankruptcy of the debtor be |
declared, yet they are not creditors with an in-
.erest to protect so as to allow them to contest
.hls proceeding, for it appeared that they had not
paid the of the penalties of the bail bonds
Ior had they commenced any action to recover
The same against their principal.
AS laid down in Bolles VS.. Padeken (July term
1872 the Court must be satisfied that the in
eryentiOn of the opposing creditor will serve
Useful purpose either in protecting the rights of
he applicant or those of the creditors at large"
The appearance Of Mr.. Hartwe for DIR. Wright
claiming under deed from Padeken which might
,e sought 10 be annulled by suit, was denied on
he ground that be was not creditor and there
ore did not come within the above rule.
The Court then took the testimony offered.
Per Cnriam.-I find that claims to the amount
# over two thousand dollars have been proved
gainst the debtor, /. e. Of
II A Widemann on two promissOry notes for
# S36S.O0 one for $4,000 which with interest
mounts to S 1850
Bolles & Co. 4S0l2
j. L. Keaunui. ON note $4,000
w. c. Jones, on note. ............, 5000
And of r. Love for back rents of prop
rty on Hawaii. ..................... 10000