The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-06-11
3alraiiall 6azette,
WEDNESDAY, JUNE IL. 1854
Supreme Court Of the Hawaiian islands
In Equity.
JoBS McKEAoUE, BY HIS GUARDIAS, VS..
NJ. NEIssER, THE HEEIA SUeAR PLANrA-
TON Co, AND CHAs. r. BISHOP.
The bill bclor. me wa. fIoI January "a,

The bill before me was HE'D January -
1854. As amended it alleges in substance;
]. That on the 9th, April. lssl, John Nc
Keacue was possessed Of nm estate at Heeia
KooiauI,oko. island # Oahu comprizing
valuable Sugar Plantation.
2 That on the 18th February, lsT9, ih'
said McKearuc received severe inIur,
by a f.ll from his horse, by reason Of which
lis mind became impaired TO such an e1ien
as 10 render his intellect incoherent and hii
Judgment defective so as to unfit him for th'
transaction Of business.
5. That on the 9th OF April, 1881, wiil'
McKearue was weak and Of unsound mind, al
above set forth, one Moritz Neisser, who vel
knew plaintiffs weak and unsound menta
condition irandulenily persuaded and prevailed
upon him to enter into a certain agreement II
writing as follows:
This was acknowledged before Cecil Brown
Notary, on the same day. The agreement re-
ferred TO as having been executed the SAINT
day. was not produced in evidence, but il
deemed to be the same in tenor as exhicit I'D
referred to later on.
4. The bill further alleges that on the 1871
June, lssl, while Mckeague was IN the SAINT
condition of mind above described. the sale
Neisscr in the same way induced Mokeague e
sign two other agreements marked c and d
respectively, one Of which, (Cl is identica
with the agreement Of the 9th April exoep
that the number Of shares which Mckeagu'
is to have is reduced to $4,000 from $1,000.
. The agreement ID" is as follows:
These agreements were extended to Au.
gust ID, lss2.)
5. The bill further alleges that while Mr.
McKeague was still in the condition Of minC
above described, the said Neisser confederat.
ing will other persons to the plaintiff unknown
who well knew his unsaund mental condition
persuaded him to execute and deliver certain
indenture by which he sold to the so-calleC
corporation The Heeia Sugar Plantation Com
pauy, all his interest in the said Plantation fol
the nominal consideration Of one dollar. (Th'
deed is dated June 3Oth, 1852, and u copy an.
nexed to the bill aud marked exhibit A.
6. That 10 order to Induce Mckeague to eI.
ecute tue above deed, Neisser and cUniederaiei
represented to him that the so-called Heeis
Sugar Co. was incorporated with a capital o.
One Million dollars, represented by 100000
shares at par value Of $40 per share, and
that the stock had been placed upon the Sar
Francisco stock market and sufficient had beer
sold to place 100000 in gold coin in the treas
ury Of the corporation, which sum Neissei
promised TO PAY Mckeaguo On his arrival 1t
San Fraccsco in consideration for the sale o.
the Heeia plantation. That McKeague, rely
Ing On these false aud fraudulent representa-.
tious was induced and persuaded 10 execute
and deliver to said Neisser, in Honolulu, OF
the Both June,l $50, the deed Of the plantation
which Neisser caused to be recorded in th,
Registry office in Honolulu.
s. That McKeague was induced to execute
and deliver the deed to Neisser upon The
verbal promise Of Neisser TO pay him in Sat
Francisco as soon as he should arrive there
the sum Of $500, 900 in gold coin.
That McKcaCue relying upon these repre-
sensations aud promises Of Neisser went tC
San Francisco to receive his money, and de.
manded Of Neissor and the sO-called Heeia
Sugar Co. in July, lss2, the said sum Of $780,.
600, but the respondents failed 10 comply will
this demand and still So refuse.
9. That by the terms Of the deed Of the
plantation, the Heeia Plantation Sugar Co. did
covenant and agree to pay of all the severn
mortgages resting upon the said Heeia Plant
alton, but all the said mortgages are still I'm
paid and uncanCelled.
~. llAl MNhNARuE W Ab AllEAg liNAHAalNA
and prevailed upon when OF weak and unsound
mind by the said Neisser and his confederate,
to sell H. 1lantation, and that they obtained
possessio. Of the decd in bad faith.
IL. That the Heeia Sugar Plantation waI
organized and incorporated for decsitful anc
fraudulent purposes, and TO impose upon and
defraud plaintiff, and that it is a foreign cor.
poration and has failed to comply with the
u 4. - l.. Ia ~
convey real estate within this Kingdom.
u. That on the 18th November, 1852, Neis.
SCI aud his coufederates not having paid Nc.
Keague any consideration for the sale Of ihC
plantation did Gust and eject him from tht
plantation and still retain possession Of the
same.
10. That Nesser and oonfederates bave,sinct
they took possession, manufactured and sole
from the plantation G.ls9 bags of sugar Of th'
value of Sis ,35O.24 and have sold 800 head o.
cattle Of the value OF $500, also 80 hogs o.
the value Of $500, and have converted the pro.
ceeds to their own use and have not accounted
to the plaintiff
"a. That on the LIST February, lisa, Neissei
fraudulently caused the lease OF the lands Of The
plantation from Mr.. and Mrs. c. r. Bishop tC
McKeague TO be cancelled, aud obtained lease
Of the premises to the Heeia Sugar Plantation
Co. dated pa January, 1883, for term Of 2.
years to the wrong and injury Of plaintiff. The
bill prays for discovery, and account, for al
injunction against dispOsing OF any Of the
plantation property, and for cancellation Of
the deed Of the 3Oth June, 1852, as well as oil
the several agreements, and Of the cancellation
Of the lease Of Mr.. aud Mr. Bishop 10 Nc
Keague, etc.
The answer Of NJ. Neisser and Of the Heeia
Sugar Co. deny that MckeaGue was impaired
it. mind or incapable of transacting business
and sets mp other matters obedience which will
more fully appear when the evidence is being
discussed This case occupied four days in
the taking Of testimony and argument and ]
cannot undertake to give in full all the evil
dence. Iconsider it proven by the testimony
that the plaintiff, John McKeague, was, prior
to fall from his horse which took place Feb
ruary 18th, 1879, and which injured his bead
a man Of energetic, good business habits aud
competent to manage the affairs Of the plant
alton which he had acquired by long years Of
industry. Since the injury he was changed
man; his memory was poor; his mind was vas
cillaiing: ne became neglected. in looking after
the details so necessary TO ensure the success
Of a large plantation. From a man Of energy
be became sluggish, dull and uninterested in
what should concern him. 1t is impossible to
say with absolute certainty that this condition
is referrable TO the injury his brain received
frum the fall, but many witnesses have testified
with such distinctness 10 the change as occur
ing about this time, that / cannot resist :he
inference that it was 80 occasioned. II does
not seem to me that it was the dependency
and loss Of spirits which overcomes some men
when reverses occur in their fortunes Fof il
does not appear that 10 February, 1879, the
plantation had begun to run down, whereas it
is in evidence that in issO and 1881, when
Maclarlane had the agency it had run down,
and required extensive rchts and improvements
and 1t may be that its condition was OccasioDed
by McKoaEue's mental condition, which made
him neglect the plantation. DR.. Brodie says
that McKeague's present condition indicates
mental disease, and bis many acquaintances
who have testified, say that his condition in
lssl and lss2 was the same as nUw except
that one witness, Melncrney, says he notices a
little Improvement at present. McGowan, q
nephew Of MoheaEue, and WHO has been on
the Heeia Plantation for some eight years, says
that. when be first knew McKeague he was
energetic and took good care Of his plantation
but that after the fall from his horse he was
altogether different, iorgetful and neglected.
and that he used skilled and expensive labor,
as engineer. blacksmith and sugar boiler, &c
irrirate cane,after the crop WAS of, when there
was work in the line Of their respective trades
for them to do,in oyeFhauiing and repairing.
Vim. Henry says he has known McKeagus
for four years, that he was "Gtupid, had nc
life, was dead. The men did what they
wanted to. He was easily led of BY most any