The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-11-03

"Where the trial Judge allowed |
and gave request for an instruc-
ton in writing and modified it by
an addition thereto, the addition
being taken down by stenographer
and thereafter transcribed and filed,
the statute (Chap. 56, Laws of 1892
was complied with.
Part payment on a note made by
an assignee or an assignment by the
maker of all his property TO realize
upon and distribute among his ere
ditors pro rata, is not a payment
from which q new promise OF the
original debtor could be inferred to
take the note out of the statute Of
limitations.
Mere acccpIan OF a pro rata
dividend ON an assignment for the
benefit of creditors does not imply
an agreement to relinquish the resi-
due Of the debt.
"The deed OF assignment did not
contain an agreement that the re-
ceipt 10y the creditor of his proper
ton of the proceeds of the debtors
property should be in full satisfac-
ton of the debt and the creditor
made no promise to that effect:
Held, it was erroneous to instruct
the jury that if they find that the
acceptance of a smaller sum by the
creditor was in full satisfaction for
the note, they might find for the
defendant. The charge should have
been that there was no evidence OF
a release or of any agreement for a
release of the claim by the plaintiff.
"A collateral benefit such as the
prompt payment of proceeds of a
debtors property to his creditors
would be a valid consideration to
support an agreement for the relin-
quishment of the residue of the debt
if such agreement had been made"
G. W. Ashford for PLAINTIFF; f. NJ.
Hatch for defendant
Judge Whiting has rendered judg-
ment against Kaaikawaha and Pc
kelo for S37l.Sl and interest SOB Is
in favor of the Hawaiian Carriage
Company. Creighton for plaintiff;
G. Brown for defendant.
In the old case of Jacob Lyons VS..
Joseph Hubash and Mrs. g. Batche-
lor, the last named by her attorney,
9. w. Ashford files motion for a
bill Of particulars of plaintiffs claim,
to be argued at the November term.
. Deputy Marshal A. NJ. Brown will
conduct the prosecutions at the
November term, most of the crmi-
nal cases being appeals from the
District Court where he is the pro
i. secutor.
The further hearing of Steinmanu
, VS.. Wiider's S. S. Co. was again put
over to-day.
In p. G. Camarinos VS.. John Kid,
: we'll, the defendants motion for &
rehearing before the Supreme Court
was argued and submitted before
the Supreme Court this morning
j. Neumann for plaintiff; G. w. Ash,
y ford for defendant-appellant.
0 In the matter of the estate of Ka
, nanui, of Honolulu, deceased, Judge
. Whiting to-day made order that
letters of administration issue t.
1 JAS II. Boyd under $500 bond. The
, cash in the p. B. " l.. Association
and homestead on Liliha street
. The heirs are the mother, sister ant
u widow of decedent.
t j. O. Carter's petition for probat,
y of the will of Charlotte Adams wa:
4 docketed for hearing to-day. c
u Brown for petitioner; G. W. Ashford
g for contestants Annie Phelps ant
. Victoria Tell, daughters, and Alex
e Gray, grandson of decedent. Ash
- ford filed a protest of Annie Phelp
y against the probate of the will
u declaring that it is not, to the bes
y of her belief, information and advice
" the last will and testament of th'
# said Charlotte Adams. As MIR. Ash
4 ford was engaged before the Su
u preme Court, Judge Whiting con
$ tinued the hearing until 10 a. m. to
g. morrow.