The Hawaiian gazette., 1884-04-23

Total. S2.loO
Il appeared in evidence that Mr.. Adams acted
as the Honolulu agent for the Oriental Telephone
Co Limited. of London. under an agreed yearly
salary of 500; that the Oriental 20 gS1ed lal2Se
amount OF stock in the Hawaiian Bell Telephone
q and that the chief duties of Mr.. Adams rs
agent we're TO protect the interests OF the oriental
Co as regarded this stock; that dunng loa2 and
subsequently disseusions arose IN the hAvauan
Beli Telephone Co. between Nh. Adams asRPent
Of The London company, and the Honolulu stock
holders eliminating IN looJ In the withdrawal OF
| a number Of the Honolulu stock holders aud the
formation by them of opposition conpaHy; that
Mr. Adams claimed that he performed services Tor
the Oriental Company, IN protecting their interests
in the contests with the Honolulu stock holders,
which entitled him 10 greater compensation than
his ANIMAL salary Of 500 and in 1882 drew draft
on the Oriental Company for Sl5OO as his salary
for 1852 which the Company pad under protestas
10 the excess over 500 but they nov allow him $50
for the wear in addition to his salary; that in lss
Mr. Adams acting under instructions from the
Oriental Co.. tried to sell their stock, and m No
yenber Of that year received cahleerain from the
Company to sell the stock for EJop0, London Bank
| draft: that Mr. Adams accordingly sold the stock
| 10 Mr. james Campbell for 1000, OF S-O,OOO and
| deducted from that amount his commissions for
the sale, expenses and charges iqF extra seryiee
10 the Oriental CO. the balance 81, 1,lbSO that the
/ Company claimed that Mr.. Adams was not entitled
TO commissions the sale Of stock, as the transac-
/ tion was effected between the COmpany's agent At
! san Francisco. and Godfrey Brown, acting the
/ agent of James Campbell.
After the evidence was closed. Alr. Dole ad-
/ dressed the jury for defendant, followed by Mr.,
Hartvell for plaintiff and the COurt caarged the
| jury in substance Rs follows
| C;epfls#sH n the JTTys-One Of the difficulties
incident to Jury trial is that intricate question:
/ Of law are presented, upon which the Court Is
! bound TO express opinion without preparation.
But If the Court is wrong, exceptions may be taken,
and the Court is always glad Of an opportunity TO
| have IFS opinions reviewed.
! Ill shf arWfH an ID r
instructions Of the Court as to the law; they arc
| judges OF the facts What contract means, the
/ facts being undisputed. is question OF law Here
! the Court is bound to construe the contract.
| The agency was assumed by Adams without any
express understanding as to compensation The
legal result of all the correspondence put N eyl-
dence in the case Is this-that Adams agreed ihat
his annual salary for regular services shonld be
i $500 but 1t was left open what his compensation
| should be f1r extra and unusual services. Adams
saws in one letter tha he is willing 10 accept ElUO
| per annum. In the letter Of July IS, lssa' where
| Adams says "a change must be made in our agree
| mentr this means a change IN the agreement LOT
500 per annum for regular services. MeanWhlle
4 he had drawn on the Company for SlJgI, lhe
Company say they accept the draft as to 800 for
salary. but leave the question Of further Cumpen-
.ation open for future settlement: later they say
that they Will leave the question 10 be settled after
/ the equity suit here is concluded.
Nv conclusion is that the Company did agree 10 pay
| Adams for services that were extra. The account
Of costs in the equity suit, sent here by the Com
pany, also conhrms thls' Nhen tuls aCcouHl W.
| presenter ~ HiiON NSte. . - - ;,l3 4 ~,
! Company. outside Of our Jurisdiction were con
CeIlyu. ~ 80, - p - s,,,,. ~, -gss -
Mr.. Adams is conclusive against the Company, bat
! il Is in evidence TO show that they did regard
Adams services as worm sulne tllu5 eAtIa. an MS
is also shown by the fact that they did allow Adams
/ 500 extra for lSs2.
! charge YOU that Won cannot give Adams lump
sum of SljO0 salary, for that was not the agree
ment: but you must oonsiueI TL ~ .uo eAti.- 81
wees wore teasonaoIy NTI'iL- . Ilal. ~ "
TINS point Is h1t t1I5 % - ~ Va w
stances were nor iuIIy DIOuSn' ~ tls nollo,i ~
nave heAru " i ~ IL ,,,''' -
as agent ne va uoiLs - itt,i ~ I,i5
the interests oil ms PRINCIPALS huoPaIu ~ sIguu
more properly nave 3eeh the oO!Ses 81 a., tL'
oil the hOholulu -"elio ''i,' - ]
90 hot refer 70 .ne uLuLl.ais 49, N ~
such as ADVISING as - ~ ~ ~,
for tins Is concluhiNeiy settleu oy lHe
for salary ot sou the quesa y as 70 @ te otet
Woth. lou oallnO' Eauss 'u, 80 -. -,
services " lue Lecs tuit ~ si ~ IL
torney tor services, ~ j. ucull 70 setLe tIiG 'lHo
oi the Services IN inc ADsellCe " ulEeSt te9t'lS
| as TO what such services are NoI'n' - Z,
As regards y, y lS iJl sou u
the SAFE Wloh Was elie0teu ul - w v oIf
Oi plAinuu slock, Is oo.SIeu " w HEuiVs, II
the agency e1tenIeu 70 tle ~ oi 'ii'p n It
Adams Is NOT ehutea 70 cotlsslDu' Al .uo ~
oil the stock was larry Nltnil tle sGope T' NJ NJ
agency Auans gllillo. IL, Ei
but II II was outside ni ihe scope OF te ASeut SUI
ties and there vas slecai lhrusiig "l .us ii.H Z.
busihcss 70 AuAtnsr lneh ho may ~ -
compensation, unless the contents oil ths c'Dle-
gram cnt MN on. ..,.- --,,
| Inc OOurt must oonstIue lula Oaoilkl"tu. a. "a
dicates TO the agent mere thAt lttula IaNu 60
agreed upon DetWeeh Tue pIlhe ailu @ ''lu III
chaser. Ihe Gourt reads tho SluieEIiJ a. Ns Iol-
lows; sam hup0arui osu liaLei'e1 -! O4.s
tWentI-seNehthi mrite Auais wa. o1 ,If i1ooiIf
bank draft on London equlNaleni twenty tnous'iu
dollars Will transfer our shares 70 purchaser
Oriental The only dlfhcnlty IN my nllhg = as 70
the words London D!hk utaIl; uo elJ.,tlA'l'
dictates the terms aTrNeu At win tnt t,Sl'Sel
that the agent must take nOl ltss lIal f-o'yo lLo
the purchaser. mr hartNell poJeCth tuAt sLe % ~
legram does not say So am ieu 20 tlll5 N'e@
for other reasons; hoW ad S2alI me, tno RL, -
they agfeeu 70 sen iur s-VVOV e1PeI' 'iO"A ".
Campbell To pay any more cannot se9 NY
Adams could have gone 70 the tufcihseE anu @ SUI
81 must have bank-dTait on LONDON i'f f-u,vvl
and my commissions anu "a pei.Is, N N a. 2'leL 3
Worus' take u uiAt tiio s sOIu - % - ~, -
London n ust mean the way III "hlcn tne inphyl
Is TO he remltteu moi tnat AuaH7 7u"u'u "ah 'i"'u
than the cabegram auihorizeu. ,..,...
belieNe the laN !" Dt tnls' tllt TlitLc ttIgD Il
an agency the whole service must De ~ peILuIleu
before tne oolhpehsillo1 ~ uuC. 'u. me- ~, nlo
cases WheIe All agent OF oI1Aul ilAs tgoo.et 80
compensation, even althonGh the Nhole service ll.ts
not been pefiorned' ilhe IouI! IeASS .n llotl ~"
ell Evans agency. pages -, - i "u iivtcl ~ no.
IL you nhu lhat Auatns nAu uo.S az 1, Iln' NJ ~