The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-07-28
SUPREME COURT.
LLDICIAL DECISIONS.

setting forth the following allega-
tions. He is the sole devisec of Eliza
w. Holt, his late wife, in certain real
estate. Her heirs were r.. w. Holt,
Ono luke and Jas. Harris. The
last named dying his heirs were Iuko
and Annie Harris, his widow. Eliza
had mortgaged the real estate in
question for $4,000, the mortgages
being still unpaid. A. j. Cartwright,
her executor, under license of the
Probate Court, advertised n sale of
the property to pay the debts, to
take place on the 18th of June. That
day a letter was received from Iuko's
attorney protesting against the sale
and claiming an interest in the pro-
perty.
The plaintiff claims he is the own
er in fee and the only person entitled
to the estate, and prays that defend
ants be summoned to appear and
answer the petition and say what
title if any they have in the estate of
the said Eliza, and that the Court
decree that the defendants have no
right, title, interest or ownership in
the said estate. No appearance be-
ing made for Annie Harris, the bill
was taken as confessed against her.
Iuko demurred on various grounds.
On the ground of want of equitable
jurisdiction the Chancellor does not
sustain the demurrer. He sustains
it in claiming that copies of the wills
of Geo. Wood and Eliza Holt should
have been annexed to the bill. Also,
in the claim that the executor of
Eliza's will and the mortgages are
essential to be made parties to the
case. He will allow the bill to be
amended in these particulars. Cecil
Brown for plaintiff G. w. Ashford
for defendants.
Judge Bickerton yesterday rem
dered decision in the matter of the
alleged bankruptcy of Joseph HUI
bash of Honolulu. Bishop & Co. g,
petitioners, represent that they are
creditors of Hubash, that the defend
ant refused to make payment of a
just demand within ten days after it
matured, refusing to accept draft
for the same. In answer the respon-
dent denies all the allegations and
says that at the date of petition he
was not in debt to the petitioners as
alleged or at all.
The Court is not aware that the re-
fnSa1 n nncnni draft on o.t NJ
neutrality-suspicious. law does not make
it so. The account annexed to the
| petition is headed; "Mr. Joseph
Hubash. DR.. 70 Jacob Lyons. .
And shows Il balance due of $500
There is also a copy of a draft fol
$500 annexed. The draft is drawn
by Jacob Lyons On Joseph Hubast
in favor of Geo. Greenzweig & Co.
and endorsed by "Bishop & Co. OF
order, for collection account of Geo
Greenzweig & Co., San Francisco
Signed Geo. Greenzweig & Co. y
An acceptance across the face of the
draft is not signed. The evidence is
that Hubash refused to accept this
draft when presented TO him for ac
ceptance. 1t is endorsed on the back
as "protested' by G. l.. Carter, at
torney for Bishop & Co.
The Court holds the petitioner
must be creditor. A mere collect
ing agent only having drafts to col
lecL could not under the law file {
petition in his own name. He woulC
not be creditor. If Hubash haG
accepted the draft, the Court, is in
clined to think petitioners woulC
have been creditors. There woulC
have been contract between then
and promise to pay on the part O
Hubash. The decision concludes
81 cannot find that there is an,
privity of contract between petitione:
and Hubash, or that petitioners hac
any authority to bring these proceed
ings. There is nothing shown il
this case creating the relation O
debtor and creditor between thes,
parties. That being the case l fiuc
that Bishop & Co., are not creditor
of Joseph Hubash and therefore dis
miss the petltlOn.' Z. l.. Carte
and +. M. Hatch for the petitioners
G. w. Ashford for respondent.
THE JURY TERM.
The case of Norris VS.. de Herblay
begun yesterday morning, reached
the resting point of plaintiff at nool
recess to-day. Jurors not on thi
case were relieved from further al
tendance for the day this afternoon
AT CHAMBERS.
This is Intermediary Court day
Judge Bickerton presiding, but as b
attorney was ready all the cases wen
over.
Hearing of criminal cases return
able before the Intermediary Coul
has been postponed for one week
presumably on account of the va
cancy in the Office of the Attorney
General. Mr.. Creighton, Deput
Autorney-General, intimated TO the
Honors that he did not feel dispose
to prosecute Crown cases under til
appointment made by the late A
torney-General.