The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-10-17
COURT CHRONICLE.
Decisions in Circuit Court-Third
Waikapu Commissioner The
banning Estate Accounts.

Banning Estate Accounts.
Judge Whiting has rendered
decision in the jury waived case of
Frank Brown VS.. j. j. Carvalho, ID. j.
l.. Mattos and j. Nj. Nivas. 1t is a
suit given on note by Carvalho to
plaintiff for S2S9.90 with interest at 6
percent per aunum. The note was
endorsed by Mattos, and Vivas en-
dorsed it as follows, II do hereby
guarantee the endorsement of Do
mingo j. l.. de Mattos." The note
was given in settlement OF moneys
received by the defendant j. j. Car
valho for the Hawaiian Wine Com
pany and not turned over to it by
him. The note was dishonored and
protested, notice being given to
Mattos and Vivas. The Court finds
that Vivas is liable if Mattos is held
liable as endorser. Also that all
defendants are liable for the note
with interest, and judgment is or
dered to be entered for plaintiff for
S30S. Carter u Carter for plaintiff:
Creighton for defendants.
Judge Whiting has decided the
case of Manuel da Costa VS.. Joseph
Paakaula. 1t is case of trespass
on Punchbowl hill, and the decision
is as follows: upon the evidence
produced l find no legal right of
way for people, tenants Of the Queen
Dowager, mauka, exists through the
lot held by plaintiff Costa, aud that
Paakaula had no right to commit
the trespass. | find in favor of the
plaintiff and award damages at $50"
G. w. Ashford for plaintiff; A. Rosa
for defendant.
A decree has been fled by Judge
Cooper, in accordance with an oral
decision given Sept. 26, ordering
that All Yong and All Wal assign
lease of certain premises at Pauoa
to Wong Chan, plaintiff in bill to
declare trust.
The Chief Justice has nominated
Frank S. Dodge as the third COM
missioner to partition the Waikapu
commons, the other commissioners
being Alex. Young and F. Wunden-
berg as previously reported.
f. Wundenberg has made his re-
port as master on the accounts of w.
f. Allen, administrator of the Ban
ming estate. The value of the estate
at the institution of the trust was
Sl56,O49.l5. The total income since
derived from the estate was $780,
O44.l2. Mrs. Banning was paid of
the income S53,94S.63 r. B. Ban
ming received in securities and cash,
on coming to the age of rs years as
provided in the will, S76,92l %, or
one-half the value of the estate at
the time. The master finds the total
commissions charged by the admin
istrator Sl3,631. SO, and the total
commissions chargeable under Chap.
90, Laws of 1893, S9l66.76. He finds
decrease of capital from the be-
ginning of the trust-the first ac-
count Of which was filed in Novem-
Der, 1887, to have been S7O34.S9,
deducting the Union Iron Works
loss
Mr.. w. A. Kinney, as counsel for
Mary Makaena and John Makaena,
her husband, and Annie Kellett and
p. d. Kellett, Jr., her husband, has
instituted suit for $3.50 damages
against the Hawaiian Government
The cause of the suit lies in the fact
that on Dec. 22d, 1880, Judge r. F.
Bickerton, Henry Waterhouse and
j. Moanauli, sitting as commissions
ers, condemned a certain strip of
land on Liliha, above Judd street,
for roadway. The land was appro
priated by the Government and the
commissioners decided that the
amount of $3.50 would be sufficient
recompense to the owner of the pro
perty, Olivia Watson. Olivia Wat
son died on May 4, 1856, leaving
Mary and Annie, who were then
minors, as her heirs. 1t appears
that the price had not been paid al
Oliva's demise, and the suit has beer
instituted at the coming of age o
the two heirs. The legal interest or
, the amount would make tidy littl,
sum in itself.
Judge Whiting has allowed tn,
process on the ground that it is ;
fair subject for judicial investiga
ton.