davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07

being the refusal to grant the fourth
instruction asked by plaintiff. aud
grant q new trial.
The plaintiff also excepted TO the
verdict as contrary to the weight of
evidence. 1t appears that plaintiff
showed copy OF letter addressed
to defendant dated February 9Th.
1852, requesting payment Of the
note, aud stated that he received a
reply II course Of mails in which
defendant said he had not then the
money to pay, but would settle it bv
and by This letter was not pro-
duced. Defendant denied receiving
the letter and answering it. we
ind no presumption from the fact
that a letter was sent that it was
answered or answered in any partic
ular way.
As 10 other verbal promises said
by plaintiff and others to have been
given by defendant-these were de.
MED by defendant, and this was left
to the jury. 1t was for them to de
eide and not for the Court. We over.
rule this ground of exception.
I. w. Ashford for plaintiff; T. II.
Hatch for defendant.
Honolulu, November ?, 1898.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07

A Sunday evening newspaper
has been started in San Francisco
by r. A. Coleman under the title
Of the Record. This is a new de-
parture in journalism on this coast
and q venturesome one, for very
few people have time to read pa
pers on Sunday afternoon, the big
morning papers being sufficient
unto the day for the average man.
Since the journal has been started,
however, it will soon form a circle
of readers for itself, and certainly
it deserves one, for the editor has
given it an attractive dress and
has shown in the first number an
ability to serve the public with live
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07
Mrs.

! or the Azores Islands. The account
shows an expenditure of 1892 70
during 1889 and 1890 by plaintiff in
| this behalf and a credit of $4,000 on
the Doth February, 1890, which tho
evidence shows was paid by the Plan
ters' Labor and Supply Company.
| The action is for the residue with in
| terest. The item contested by de
| fendant at the trial was the salary
and travelling expenses of one z. A.
| Dias, who went from Honolulu to Ma
deira via Bremen and his return fare,
amounting in all to S2955 90. 1t was
claimed by defendant that Dias was
not employed by the Government,
but was sent by Hackfeld & Co.
It will be seen that the payment of
$4,000 on this account more than dis
charged the OUTLAWS for the personal
expenses of the plaintiff Henoch and
discharged part of the claim made
on account of the employment of
Dias. The charge for the salary and
expenses of Dias went to the jury
under instructions which were not
excepted to. The sending of Mr..
Dias was five months before the APP
pointment of the plaintiff, and the
Court charged the jury that if they
found that Mr. Dias was not en-
ployed by the Government they would
not be justified in charging defend
ant with his salary previous to plain
tiff g own appointment. Subsequent
to plaintiff appointment, if they
should find that Mr.. Dias was a
necessary agent or adjunct to Mr..
Henoch's carrying out the enterprise
on behalf of the Government, they
might allow reasonable salary for
him for this period, and his travelling
expenses to and fro. To hold the
Government liable for Dias' salary
and expenses the jury must find
either that Dias was employed by |
the Government or that he was en-
ployed by Henoch under his own en-
ployment for the purpose of carry
ing out the contract, and that such |
was necessary. But II, |
from all the evidence, the jury should |
be satisfied that this arrangement,
the sending of Mr.. Dias) was entire
" between Mr.. Henoch and Mr..
Glade, or of Hackfeld 81 Co., they
could not hold the defendant liable.
After hearing the arguments of coun-
sci and carefully reviewing the evil
lence on both sides, we find sufficient
evidence to sustain the verdict. The
and weight of the testi-
nony was within the province of the
ury. We override the exception.
F. NJ Hatch for plaintiff; p. Neu-
mann of counsel for defendant.
Honolulu, November 2, 1893.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07
SCHEDULE.

Poi, per lb 10000 lbs more or less ne
month";.
FRESH Meat, per ID.
Hard Bread Medium, per ID.
bread, fresh, ID loaves, per loaf.
Salmon. (redJ C6 to : bbls per month,
per Dbl.
Tea, per Id.
Coffee, per 10 (Kona in beam.
Beans, per Id (red).
Potatoes, per ID.
Onions, per lot.
! lice, No, !, per bag OF loo lbs.
Bar Soap, tbrown) per ID.
Sugar, No. =, per lib.
Milk, per quart.
Straw Hats, (small) per doz % dog per
month).
Blue Denim, per yard
Brown Denim, per yard.
= canvas, No. l, per yard.
Blankets, per pair (smalD.
kerosene Oil, per case, , cases per
month.
Galvanized Iron Buckets, per doz. 10
and IA inches.
Yard Brooms (rattan) per doz.
Lime, per bbl, to bbls per month.
Cement, per Dbl. to 2 b6ls per
month.
Shoes, (Brogansl, 8 doz pairs (smalD, |
per month, per pair.
-Caiiiornia Wheat Hay, large bale, DG,r !,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07
BYAUTHORITY
Tenders Kanfe0-

Tenders will be received at the At.or.
hey-GeneraPs Office till l. O'Clock noon
on TUESDAY, the 2s.h day Of Noyem-
Der, 1893, Tor furnishing the Oahu
lrison for one year beginning on Friday.
me LIST day Of December, 1893, with the
Following SUPPLIES at such times and in
such quantities as may be required.
The Marshal or such other officer as
ne may designate, will make the reouisi.
lions, and all supplies will be subject 10
MS inspection and approval.
The amounts set opposite certain
items in the schedule are the approxi.
mate requirements per month, but all
the supplies are to be furnished "a re-
CURED by the Marshal.
The contractor will be required to fur
nish suitable bond for the faithful per-
iormance Of his contract.
All tenders must be distinctly marked
" Tenders for Supplies Oahu Prison"
Inc Attorney-GeneraI does not bind
himself to accept the lowest or anv bid.
WM. o. SMITH,
Attorney General. |
Attorney-General's Office,
Nov. 7, 1895.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07
SEALED TENDERS

VIII be received at the Office OF the Minis
tar of the Interior till 10 O'Clock noon on
WEDNESDAY, November 22nd, 1898,
for the erection OF Jail at HOnokaa,
Hamakua, Hawaii.
Plans and specifications at the office
OF the Superintendent OF Public Works,
also at office of j. w. Moanauli,
Deputy Sheriff OF Hamakua.
All tenders must be endorsed ''Tender
for Honokaa Jail"
The Minister OF the Interior does not
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07

the jury might we'll have been asked
Tor and given that the part pay
meDt by Bolte TO Hackfeld Il Co. did
not take the note out of the statute.
Ihe Court IN the case at bar
charged the jury that If they be
IeVed that while the note was so
held by Hackfeld x Co. they re
celVed payment Of a certain sum
upon 1t under the assignment which,
as between the parties, that IS TO
say, Ian Lung and Hackfeld Il Co,
was'I full payment of II, then that
was an eztIpguishment of the claim.
But IT you find that il was merely q
payment on account and that such
endorsements of payments were
! made by the authority OF Tai Lung,
that IS to say If Hackfeld Il Co.
! credited these amounts upon the
note by the authority or with the
consent Of Tai Lung. then that is
evidence or new promise and Will
date from the date OF the payment,
the latter payment being as l read it
July 10th, 1886, the suit having been
brought on the oath June. 1892. If
you find from the evidence that |
Hackfeld 4 Co. did receive q small /
portion OF the note as full satisfac- [
ton for the note, then you must find 1
for the defendant. If, however, you /
find that they did not do SO, but
these credits which were made upon
the note were by the authority of Tai
Lung, then that is evidence for you
to consider whether or not there has
been new promise"
Was it proper to leave to the jury
the question whether the remain
der Of the debt was released
by Hackfeld d Co.? We find
it laid down in we'll accepted au
thorlty that, in general, the accept
ance OF a less sum of money than is
actually due is net satisfaction Of
'he debt and will not extinguish it,
hough it was agreed by the creditor
10 operate as such, as there is no
for the REIMBURSEMENT. I
This rule is considered so harsh and
10 violative Of good faith that courts
re disposed to take out OF the rule
III those cases where there was any o
lew consideration or where there
Vas any collateral benefit received y
y the creditor. "Courts have de. -
,arted from it on slight distinctions" +,
Kellogg vs.. Richards, IA Wend., 116; -
crooks VS.. White, 2 Met, 285. II
The rule and the reason were {
urely technical, and often fostered =
] bad faith !;
" The history of judicial decisions y,
pom the subject has shown q con- =;
ant effort TO escape from its absur- o. o,
lty. and injustice" Harper VS.. ~
raham, 20 Ohio. 1O6 IL.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07
In the Supreme Court of the Ha.
Waiian Islands.
SEPTEMBER TERM, 1893.
CARL HENoCH vs.. TIE HAwA1r.x
GOVERNMENT.
BEFORE JUDD, c. j., BICKERTOy. AND
FREAR, u.
SEPTEMBER TERM, 1898.
Inc evidence sustaining the verdict. the
Court refuse TO set il aside.

OPINION OF THE COURT by JUDD, c. J..
The verdict of the jury in this case
having been for defendant, the
plaintiff excepted to it and moved
for new trial on the ground that it
was contrary to law and the evidence.
The action was in assumpsit for
S1554.29 with interest, for expenses
incurred and OUTLAWS made by plain
tiff residing in Bremen, Germany, as
an agent of the Board of Immigra-
ton of the Hawaiian Government in
to saGRFs 3PGef-rfom the
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07

tute was complied with in this case.
The addition made by the Cour.
was good law. Angel on Limitations.
Sec. 20, says, An Acknowledgement
or new promise may be inferred from
the iacs Of part payment Of a con
tract WITHIN Elk years" etc. Part
payment Is only prima facie evidence
aud may be rebutted by other evi-
de1ce, and by the circumstances
under which it Is made. Cases cited
IN Note 10 Angel, Sec. 30. The
( Court cannot imply promise from
. the mere fact Of part payment as an
I inference Of law. II must be left to
I the jury. White =. Jordan, u, Me,
80.
We viii next consider the exception
taken TO the granting Of the defend
! ants request for instruction, that
payments on account on plaintiff 5
note made by defendants assignee
without defendants authority are not
evidence Of new promise on the
part OF defendant and will not take
the note out OF the operation OF the
statute Of limitations"
The great weight of authority sus
talns this proposition. Red c. John- !
s2H, Il. l. 81. The head note Is. "A /
deed Of assignment made by debtor /
for the payment Of certain debts and |
for the payment Of his debts gener-
ally, and partial payments made by
the assignee to q creditor, Is not suf-
hclent evidence Of new promise to
avoid the statute Of limita-
tons" The facts Of this case are
very similar to those Of the one at
bar They were even more favor
able to the plaintiff for the assignor
had, after the sale of the property
lnd before payment Of the dividend.
designated to the assignee the note
n suit as one of the claims provided ;
Tor by the assignment. The Court in ,
well considered decision hold that I
he assignee for the benefit of credi- I
ors IS not an agent of the assignor, {
)ut an Independent contractor, re- Z
pOnsible to the creditors for the Z
proper performance of his trust 8
n Campbell Z. BaldOin, 40 Mass. q
w, 1t was said that 1.-The ground q
n which part payment L
held to take case out Of the sta Y
ute, IS that such payment is a volun- b
airy admission by the debtor that the .
ebt is then due, which raises a new i
romise by implication to pay u or /
le balance. To have this effect it
lust be such al acknowledgment as D
'asonably leads to the inference il
lat the debtor intended to renew his
romlse OF payment" I'm the case II
bar the plaintiff executed mort ST
age IN which he gave to the mort 81
lgee power to sell the estate and q
appropriate the proceeds to the
lyment of the mortgage debt E,,tL,-
l. q
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07

Mr.. WILLIAM LAA, has been this
day appointed Luna of the Government
Lands in Nuuanu Valley, with auth
ority to eject all trespassers without
written permit from the Interior Office.
And also with authority to take up and
impound all estrays on the Government
lands and pubic highways from Judd
street to the Pail of Nuuanu, vice
Stephen Won Berg removed.
j. A. KING,
Minister of the Interior.
Interior Office, Nov. 6. 1898.
3529-3t
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07
OAHU.
MAUI.
HAWAII.
KAUAI.

Waimea- .-........- p L
The Licenses for Oahu will be sold on
the above named day ut II O'Clock noon,
at the front entrance of Aliiolani Hale.
Those for the islands of Maui, Hawaii
and Kauai, will be sold in their respec-
tive Districts on the above date, at such
hour and place IS shall be designated by
the several sheriffs or their deputies.
Should it for some good reason be found
necessary to change the day of sale, due
notice viii be given by posters in the
said Districts.
Upset price-Lahaina and Waikiki
$500 for each License and for all the
other Districts above named 800 for each
License.
Terms-A deposit of twenty-five per
cent. is required on the fall OF the ham-
mer, and forfeit of said deposit, should
the full amount OF license money not be
paid within ten days from the date OF
sale.
j. y. KING,
Minister of the Interior.
Interior Office, November 3, 1898.
3527-3t 1504-5t
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07
To Let.
THE LARGE

- THE LARGE STONE
siis Dwelling House opposite Hawai-
ahao Seminary. The House is in
good repair with seven comfortable Bed
rooms, Bathroom, Patent Closet, Laun-
dry Tubs and fine large cellar. Apply to
WILLIAM o. SMITH.
Honolulu, Nov. l, 1893. 3526-tf
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07

bind himself to accept the lowest OF any
bid
!. a. KING,
Minister Of the Interior.
Interior Office, Eov. ., 1893.
3526-et
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07
SEPTEMBER TERN, 1893.

Where the tria. Judge allowed and gave q
request for instruction in writing and
modified IL by an addition thereto the
addition being taken down by a steno-
| grapher and thereafter transcribed and
| hled. the statute (Chap. &c, Laws Of
| l-J2), was complied with.
Part payment on note made by an Is
sIgnee under an assignment by the
maker OF all his property TO realize up
on and distribute among his creditors
| pro rata, IS not a payment from which
new promise of the original debtor
could be inferred to take the note out
OF the statute of limitations.
! Mere acceptance Of a pro rata dividend on
an assignment for the benefit of credi-
| tors does not imply an agreement TO
| relinquIsh the residue Of the debt.
| The deed Of assignment did not contain an
| agreement that the receipt by the cred
itor OF his proportion Of the proceeds
of the debtors property should be IN
full satisfaction or the debt and the
creditor made no promise to that effect:
Held, 1t was erroneous TO instruct the
jury that If they find that the accept
tance of a smaller sum by the cred nor
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 release OF the claim by
the plaintiff.
A collateral benefit such as the PROMPT
payment of proceeds of a debtors prop /
erty to his creditors would be a valid |
consideration TO support an agreement |
Tor the REIMBURSEMENT OF the residue |
OF the debit such agreement had /
been made.
OPINION OF THE COURT BY JUDD. CT.
This is an action Of assumpsit TO
recover the balance due on = ;Jromis-
sorry note payable on demand made
by Tai Lung Co. in favor of l.. Ahlo
for $76420, dated the % April, 1888.
1t appears that on the Nth June.
1885, the defendant then being a
storekeeper in Kohala, Hawaii, under
the name of Tai Lung 81 Co, made
an assignment of all his property to
kimo Pake and g. Bolte to realize
upon and distribute among his credi-
,ors pro rate. The assionees sold tho
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07

IN the Supreme Court Of the Ea-
WaliaD Islands.
SEPTEMBER TERN, 1893.
l.. AELO rs. TH LUNG.
BEFORE JUDD, c. j., BICKERToS AND
FREAR, y.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07
Auction Sale of Ava Licenses.

There will be sold at Public Auction
on THURSDAY, the 9TH day OF Deem
Der, 1898, the following Ava Licenses
for the term of One Year from January
LIST, 1894.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07

TON.
Oats, good white oats per Ton.
Sole Leather, per lb.
1TOOgf
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-11-07

ProPerty and pad dlvIdeaGEord, Dr. to the
creditors in 1856 12fgGs. ar1 10 OF 10 per cent
on Febrrn--- p-ISiy 18th and the final one
Of water & per cent. on the 10th July. On
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-14

Austin. Tex. Ayn ~ iSpcciall D.
lu committee Uf the whole thp house
has spent two days m discussion Of the
appropriation for the aliutant generals
department.
The ulua-ecuu0mical element displayed
itsrlf iu continued effort to cripple the
appropriation Tor fll.s. uuD ut thH most
important dcpaum ufs 0f aN the state
government
IO listen to thD spcech.makug ui those
who looked UpUn tle militia as goo UruB-
mruicl end useless apprudnEr Oi thp state
government. one might well have thought
that they rnirrI th- sentiments of tue
entire house. gui tie friends of The militia
might have breIi excused if they trrmUlpl
in fear Of the very existence Of the or
Flu'EatiOu
The light was commenced Monday and
continued IuesdaT and ns 10 progressed
The fact gradually developed unfolding
itself even Goo thr comprehension of those
who bad Thought ihry had 10 Killed. that
the militia Was yet iull pf life aud had
friends 0n The hUor of thp house us
strongly iu favor Of it us they were
opposed tD b. whose arguments were
much mere effective than theirs. whose
numbers were certainly gaining Boo
strength, and certainly surpassed their
Own
one by Que of the ridiculous amend.
mguts looking tu the dishaudmrut or
dl-rDurugrmeut Of the militia were voted
down. aud al length an appropriation Of
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-14
RICE GROWING
ADVOCATED IN A BULLETIN
FROM THE AGRICULTURAL
DEPARTMENT.
RICE GROWING

Washington, April 13-The depart
ment OF agriculture has just issued an
interesting pamphlet on the cultivation.
production and distribution of rice in
the United States aud foreign coun-
tries. The author says the amount of
rice produced in this country sufices for
q little more than the amount annually
consumed and could the production be
increased for substituting the cultivation
oi rice for that Of cotton, now over-pro-
duced, there is no reason why the Unit
ed States should not produce the largest
crop OF rice in the world. The system
OF cultivation, harvesting and curing
praCuced IN South Carolina. Georgia.
Louisiana, Alabama and other states rs
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-14

the two hiHf blocks Of ground immcdi-
1tely Wunimf the institution
The iemauls upon tho capacity of tbp
school shave iprrcuspd Co such 900 cy.
tent u@o, tomethug must be- done to
accommudNt the unfortunate pupils
For S1SQuth additional property can
be- prouNe,t vnih four good houses un
IL which cU be used 90 great advantage
by the in-titplicu
When the purchase is made the CITY
will ce0e the Intervening streets to the
state. aud the whole property win be-
enclosed within one fence
The necessity for the purchase is adj
mittcd hy uli who are acquainted with the
facts, and The evident bargain which
is offered the state Is such that IL would
be- The height OF folly to refuse IL.
Representative Whelpss who has
worked mp The details of the matter Is
deserving the highest praise for his un.
firing energy aud interest
None but ten years old Belle Of Nelson
whiskey sold over the Mansion bar.
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-14

Austin. Tex. April a. lSoa..
When bills pass tlo Legislature fnIM
"rurlllrd." and upon thr purp.ietlW
appear fhr signature nf no." sprtM WA
the house and tho president 0f thSWW
ate. together with endorsements frumWU
chief clerk Of thr house aud s.rrefNN
of the senate. showing tho fact aud "a
tails ~ The pas-ugc. N
The enrolled bill is sent 90 the governor.
and being examined and approved by
bin. it e,ciycs his signature and is hand
ci over 90 the secretary OF state % be-
by him ou hlr forever
This being The object fDr which bills
are enrolled. % would naturally bs sup
posed they would hp enrolled on unper
~ superior quality Parchment would
b. none too EUod.
Such i- not the case however. The
paper uu which the bills OF the present
Legislature Urr enrolled is OF about the
saIuc quality as ordinary note papor
and Boo sheets n l-2NlS inches. ruled
iu rrd aud blue 10 is good papcr 10
write uu. but it is certainly NOT The char
actor Ut paper uu which should be- en-
rolled public documents which urp sun.
posrti ip be- bcpI while the government
shall lIst 10 i- % better paper iu many
RESPECTS than that which was used by
thr Twenty y-secOud legislature aud other
former sessions but ID is not the paper
for the purpose.
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-14

$40 90 was agreed upon, 60 get the mat
ter Before iIH iOuse. where fn~re d %
queAiou ihai The amount win be "a
crossed
Therp wert ndmerDns effective speehes
made iu bfhaf Uf the citizen soldiers
but without doubt The oue pifeh attfati-
cd most attention and met With inOst
favor from ail who heard 10 was thai ~
Represeutsire Simmons ~ Maverick. who
said;
Napoleon once said of the Hungarian
cavalry. Had / them Tor On army. W
had thsy me for 2 general. oonld coo.
ounr the world Tile Germans had
been routed and oyerthrOwu. Napoleon
the First was debating the terms wheu
the emperor asked what must BE- done
tue prime minister. far-rra ling iu bis
insight into the uecCsNtiga OF the times.
said. 'Educate your poople" Iug
passes. NAPOLEON iln Thrl would re-
enact thc achievements vi Napoleon the
First but the advice 0f the prime miu-
lister bad beru taken. aud fhp students
~ Heide.berr. of Jena aud the other
uuiferaIfir-. were more tnIu match
for the imperial French OF the ignorant
Turk Df Alnpu
lu the contest bpt wcon mind and mat.
ter. tie latter lab0rs under many die
advantages u has been urged here that
our volunteer guards are q useless and
cggtly appcudagr t0 the c0veumelf.
lhat we are d pcarcoul people 1ni sol
diers are unneccsmry Tlmt in time of
war or internal di.seuiiDns the militia
would ho equal Go every emergency.
That iu the late uuploasautuess between
The states at the call tn nrIus Our people
responded with all the confidence 81
patriots and fought only a. freedmen
tight True. bot that patriotism was
born NJ The martial spirit thnt belongs
tg Southern chiv8ly and ioye ~ arms
without 10 mrau equal with the 2.J0OpO
would hav" brcu more than "a match for
the Sb.OD wkfEgfn0sed them THE vol-
HIferr gulkth| |ESeXas. though few .u
number n No nucleus around
which IL fimn OF need tho
cuu siafe the guHris
u fNttS ~ olnsueut in times
ofVWmcrs NttN immoullizrd
hosso<s to her Si,It .3,srcs, This
win be the csB.t mple 10
her giorg 9ud fh4 M t.afh her
children that the iWItN lrts 4. yig.
iIcuec. aud that putsia,1 selohgs only
to freedmen. N