The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1890-04-01
SUPREME CoURT--AT CHAMBERS.
BEFORE MR.. JUSTICE BIcKERroN.

garet Keegan ct al. Bill for specific per-
formance. Partly heard and continued.
]. NJ. Monsarrat for plaintiff, c. /. Car
ter and F NJ. Hatch for defendants.
BEFORE HIS HONOR JUSTICE BIcKERToN.
WEDNESDAY, March 18th.
Mrs. Eliza Macfarlane VS.. E. H. F.
Wolters, bill in equity, for specific per-
Torrance. Argued and submitted. F.
NJ Hatch for plaintiff, Y. Y. Ashford for
defendant.
THURSDAY, Mar 20.
BEFORE HIS HONOR JUSTICE M'cULLY.
Theo. II. Davies & Co. VS.. W. H.
Daniels Bill for injunction. The bill
states that the defendant, together with
w. II. Cummings, by bill OF sale dated
July %, 1887, sold to one E. A. Bielen-
berg, for 81 ,135 all of the goods and mer-
chandise of said Daniels and Cummings,
situated in a store at Waikiki, and also
the good will OF the business, the same
being a retail business for the sale of dry
goods and general merchandise. The
said defendants covenanted with Bielen-
berg that they would not during the
term of five years from said date nor
within radius of five miles from said
store, engage in or interest themselves
in carrying on or conducting mercan-
tile business, and that if they should do
so, they should forfeit one thousand dol
lars to Bielenberg, his executors, admin
istrators or assigns. The bill alleges
that Daniels has been engaged in and is
carrying on and conducting mercantile
business at Waikiki within a radius of
five miles from the store sold by him to
Bielenberg and has violated his cove
nant 1t asks that Daniels be enjoined
and restrained from engaging in or car
rying on or conducting any mercantile
business within a radius of five miles
from the store sold by him until the ex-
piration of the term of five years, to wit !:
until July %, 1892.
The defendant filed demurrer which
was heard, argued and submitted. F
NJ Hatch for plaintiff, w. o. Smith for
defendant.
BEFORE HIS HONOR JUSTICE BICKERToN.
FRIDAY, March u.
In re estate of John McColgan. De-
ceased Petition of James F. Morgan
for probate OF will and letters testament
tary. The Court admits the will to pro-
bate and orders that letters testamentary |
issue to James F. Morgan. F. NJ. Hatch |
for petitioner.
BEFORE HIS HONOR JUSTICE BIcKERToN.
SATURDAY, Mar. %.
In the matter OF the guardianship of
w. A. Akau, the Court appoints Mrs
Rose Akau guardian under bond of 500.
BEFORE HIS HONOR JUSTICE BICKERToN
MONDAY, Mar "a
Mary c. Beckley VS.. George Lucas,
executor and trustee of the will of Mar
garet Keegan, deceased. Bill for specific
performance. Further heard and deci-
sion reserved. J. NJ. Monsarrat for
plaintiff, G. L. Carter and F. NJ. Hatch
for defendant.
BEFORE HIS HONOR CHIEF JUSTICE JUDD.
In the bankruptcy of NJ Gouveia of
North Kona, Hawaii. Proof of claims
and election of assignee. Claims amount
ing to 81 ,603 IA were proved, and David
Dayton was declared elected assignee
under bond OF $1,000. No appearance
of or for the bankrupt.
BEFORE HIS HONOR JUSTICE MCCULLY.
Rebecca P. Puuku VS.. Puuku Kale-
leka. Petition for dissolution of marri-
age. Heard and decision reserved. j.
NJ. Davidson and j. l. Kaulukoui for
plaintiff, defendant in person.
TUESDAY, March 25.
BEFORE HIS HONOR JUSTICE M'CULLY.
Intermediary division. James Gay
VS.. j. P Mendonca. Assumpsit for
$1S3 70. Plaintiffs appeal from Police
Court, Honolulu. Continued from May
8, 1885, Heard and decision reserved.
Chas. Creighton for plaintiff, c. L.
Carter for defendant.
WEDNESDAY, March %.
BEFORE HIS HONOR CHIEF JUSTICE JUDD.
In the matter of J. n. Paikuli, con-
tested election. Petition that the cleo
ton of J. N. Paikuli for Koolau be an
nulled. Continued from the 23d Furth-
er heard and decision reserved. W.R.
and II. N Castle for petitioners A.
Rosa and S. K. Kane for respondent.
BEFORE HIS HONOR CHIEF JUSTICE JUDD.
THURSDAY, Mar. 81.
The King VS.. A. Wansey. Malicious
injury. Appeal from Police Court, Hon
olulu, where defendant was fined $l5
and costs. Heard, argued and decision
reserved. Charles Creighton for the
Crown; w A. Whiting for defendant.
The King VS.. Lin Pat. Cruelty to ami
mails. Continued to next term.
Kawika VS. Paia. Damages. Con-
tinued to next term.
BEFORE HIS HONOR JUSTICE BIcKERroN.
FRIDAY, Mar. 2S.
Mary C. Beckley VS.. George Lucas,
executor and trustee of the will of Mar
garet Keegan ct al. In equity, bill for
specific performance.
OPINION OF THE COURT.
Statements in this case are so fully set
out in the decision of Mr. Justice Dole on
the demurrer, and also in the banco de-
cision on appeal, that it is not necessary
TO restate it here. The demurrer was
overruled, and it was held that there was
a real and valuable consideration.
Defendant in his answer claims that
hath not performed the
covenants contained in the agreement
and has not and did not do all things as
therein required, and did not do and per-
form the commands OF said Margaret