The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-04-20
COURT CHRONICLE.

Special Term Supreme Court -Deci-
sions in Spreckels VS.. Macfar-
lane and Egan s. Gum VS..
Brewer Estate.
This morning special term OF the
Supreme Court opened in the up
stairs courtroom. Present: Chief
Justice Judd, Associate Justices
Bickcrton and Frear.
The Queen VS.. NJ. G.. San Tana;
violating liquor law; appeal from
May term Third Circuit. Attorney
General w. O. Smith for prosecu-
ton: p. Neumam for defendant.
Argued and submitted.
Judge Whiting has rendered de-
cision in the Circuit Court on the
case of Claus Spreckels VS.. G.. w.
Macfarlane, a bill to foreclose lien.
1t is a document of 20 typewriter
pages, containing much of the testi-
mony. Upon the evidence and law
the Judge finds in effect as follows:
The plaintiff is the bona fide holder
for value of the negotiable promis
sorry noto executed by &. w. Macfar-
lane to the order of Bishop 81 Co.
for Sl25,3i4.O7, dated March 26, 1890,
due Dec. 81, 1890, with interest at 8
percent per annum, endorsed and
transferred to plaintiff by Bishop 81
Co. without recourse, that the note
is overdue and payable, and due
demand has been made for payment,
and it is still due and unpaid. The
119O shares of Waikapu Sugar Co.
stock was duly and legally pledged
and delivered by G.. w. Macfarlanc
endorsed sin blank to Bishop a. Co.
as collateral to said note. These
shares are collateral security to the
negotiable note and are available to
the plaintiff as assignee of Bishop 81
Co. and endorsee of the note. Plain
tiff is the proper party to bring this
suit and it is not necessary to bring
it in the name of Bishop q Co.
There was no trust express or i'm
piled which created an estoppel for
the enforcement of the collection OF
the note by plaintiff and the sale of
the shares, except the right of re-
demption in the defendant upon
payment of the debt. Plaintiff is
entitled to an account as to the
amount owed by defendant and inte.
rest on note from its date, also to q
:. judicial sale of the shares pledged
and an application of the moneys
realized from such sale to the note
and judgment and decree for any
balance unpaid. The prayers o1
plaintiffs bill are granted, and leave
, is given to plaintiff to apply fol
further orders, as he may be advised
as to the time. place and terms ol
sale of the shares pledged, and the
| plaintiff may be bidder at such
sale. The clerk is directed to com
pute the amount due upon the note
and interest. F. NJ. Hatch and G
Creighton for plaintiff; A, S, Hart
= well for defendant.
t The Supreme Court has rendered !
. decision by Chief Justice Judd, sign
, ed with him by Justice Frear, in til,
case of Egan & Gum VS.. E. NJ
Brewer, Eliza Brewer, N. r. Rice, ain,
, the minor heirs OF Chas. Brewer.
V is an appeal from judgment by Jus
: tcc Bickcrton, jury being waived
o awarding plaintiffs $430 10 for dam
ages done to goods by a leak il
Il defendants building of which plain
y titls are tenants. The judgment i
Q reversed and new trial ordered. |
, is stated by the Court that whel
plaintiffs ascertaincd that their cvi
= lence disclosed different liability q
I defendants they might have movct
5 for an amendment of their declara
n ton. Not having don" so the Cour
= decides rs already stated. justice
Bickerlon, in a concurring opinion
: states he is still of the opinion tha
: the facts cntitie the plaintiffs to dam
g ages, but he now feels satisfied tina
c the form Of .Aclion was wrong.