The Hawaiian gazette., 1896-07-24

len IN the prouliSSor AFTER all his other
dehyS were paid in ful. If not sufficient
To pay the principal sum sued for, is not
evidence Of his inability to pay during
his lifetime,
In discussing the question whether
The evidence ad6ueed shows ahiSty 10
nay during the lifetime OF Or 1roaS-
ssau. we must remember thar he de-
clared in the agreement that he owed
The principal sum; that he promised TO
perform the agreement in good faith.
and that he would pay the principal
as >..aR as his circumstances would al
low him 10 do so. The agreement con-
templates payment by Doctor TrouS-
Ssau Of the principal by inSlallmsnts
provision being made for the proper
sion2l reduction Of the yearly payment
OF 5000 francs, as soon rs the capital
sum WIS reduced 70 100000 francs at
the rate Of 5 per cent. Whenever the
principal debt should be paid the inter
est would cease, il having been re
iucei proporuonagely as the principal
was reduced. Another expression in
the agTeement suStSiueS the view that
r2r-ISl payments by Doctor TrouSSeau
we're. contemplated, Il is IN the latter
part 81 The first clause Of Article !.
where he engages. II his circumstances
allow him. &c. TO discharge the total
amount OF his 6ebr co Madame TrouS-
se2U, by paying over 70 her the capital
rAich srs'J rcaais iUy 90 her" These
words which VIII remain due 70 her
would be unnecessary and meaningless
unless il was contemplated thar the
principal was 10 be reduced from time
20 time IS the Doctor was able 10 make
payments Nowhere in the agreement
do We ind Su expression that implies
ChSt the dsCeisnC'S circumstances must
slow him 70 pay The principal sum in
/ full 81 one time. or ne De freed from the
/ obligation 10 pay II ar all, \ person
/ having made such : promise. if con-
S-rueG the other way. could easily de-
feat his liability by eNpending his
money or giving il away SIS fast as he
{ received It, in order never 10 have
enough on hand % nay The debt IN -
entirety.
Now, "sood faith would require
{ that where the 6eceient earned &nd re-
/ esjvsG suns OF money over Snd above
I The reasonable expenses Of living 81
( nan n his position. he should apply i
I 20 The discharge Of this obligation That
Z ne w2S in receipt Of uOney over and
ab0Ve his reasonable expenses Is evi-
Z de1csd By the inventory on file. where.
/ for instance. SHASTA were shown 10
have been expended by him IN the pur-
I chase Of : OSCricheS for 1850. and the
remainder Of This sum in buildings and
Z o-her equipments Of an ostrich farm. -
I To say the least The iuveSCirs OF over
7 $4,000 II : new and hazardous enter
prise Is some sviGs1ce that Dr.. TrOuS-
I szaU'S circumstances admitted OF his
/ u&EirS Ct that tine something on ac-
count Of the debt Ne owed Madame
+ T-Ousssau-
Another item in The inventory Is
4 Boat House Properly costing S2.l15
/ and consisting Of . steam launch. q
/ caI2usran- rwo O-her boats and = nap
ch2 wh2Isboat- By the vii OF Dr.
/. T-OusSsaC It appears that he was pay
DS SIS Per month for rent Of hoax
( house and wages OF boat keeper n
I diligence IN me pleasures OF boat sail
4 iug. while perfectly proper in I person
/ owing no debts was Inconsistent with
/. his obligations under the agreement
E and Is svi6ecCe OF his ability 10 dis
4 charge { portion OF his debt under ne
{ agreement equal 70 he amount expead-
ed On these auussue1ts-
The viii Of Dr. Trousseau declares
that he always had enough An in
I ference from this language would b
Z that h always had enough with which
. ID discharge his obligations and live
. comfortably but iron The whole cs5--
tex OF the vii ne cannot ind thar he
intended 70 EzVE this inference drawn
from this lz-E-zzz - vas
drafted ly himself and vas apparently
Z no. carefully studied Other EXPIRES
sLI1s IN the Will h0weve-- as when IL
u directs his executors 10 Oppose EbSo-
lu-sIy any Interference from the French
I Consulate IN nv affairs I an Ez-
7Tz5iau s1tiect and I wish 70 dispose OF
ny property accor+t1g 10 Hawaiian
E lzw- and leaving his property 10 The
T psrso1 above stated after all nv law
tuI tsb-s n Faz9IHTs are paid indicate
Lhz- The comparatively small amount q
Z =>s>--- NLL-E ? =Lz L-LL eL-GE Us -= Us
were paid : 10 Indication that MS cir
cu1s-z1css would not have allowed
\ him 70 GEsctarg the obligation 10
Z Madame TroIsseau- hut rather that he
b=Izz zbI=- Ezs not disposed 10 do 50
I H was E0- by the agreement % b me
+ Judge Is 70 wherher his Circumstances
= zLIoE=t hin 70 paE The Obligation 4
I 1-=s-5o-
/ L seems 70 u that tie CrizI Judge
+ I'll CC- give adequate weight 70 th=se
/ c5-rr--Zs-zncss- II cur minis this Ell
I E=1es- Il uC- bei1z eoztrz[ic-sE tT thz
+ [=5=1dz1-z L ETI5=ucs ttzr rt= cf--
/. E-E=-zl-ss % deEe15z1tzf d=eedsur z5-
zt-Es1 q his EaFng SINGS the making
Z u The zErseEs1z- during his lifetime
\ u The principal sun O. su-= uzr- Of IT.
Nov pruot Of zE5Ifry 10 pay per- q
u EE= principal SUI would te Z fulfill
Us- @ tt= condition IN the zzEssnez-
70 pay and this bezz shown 70 The
satisfaction q tts Court would var
rzEE I1tZUElt far Tie TtoIs AMOUNT
4 and II z1= property q Tia dseeCsz- d
( I1s1Ei-is11 10 1iszhzrEs Il and ttz o-h=-
q = = E-Tr