The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-12-24

IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS.
SEPTEMBER TERM 1897
J. A. MAGOON Administrator of the Estate CnrS LUNG,
deceased, 4. s. AHML
EXCEPTIONS FROM CIRCUIT COURT FIRST CIRCUIT.
SUBMITTED OCTOBER 80 1897 DECIDED DECEMBER ,
JUDD, CD. FREAR j. CIRCUIT JUDGE PERRY,
WHITING, j., DsoU Allied.
The evidence the well usans the decision of the trial court
OPINION OF THE COURT BY JUDD CD
This action, being assumpsit. begun in 1890 and
finally in March, 1897 submitted Circuit Judge Carter sit
ting without Jury The found the evidence that
plaintiff entitled Judgment for So 1926 and interest
The deceent Chn Lung received January 1887 the excu
ve franchise sell opium in this country and placed the
PENDANT charge of the business the Island of Maui The
suit in question arises upon the accounts between the cenee
and defendant The censee Chun Lung, died August II,
The presented by the respective parties and
much OF the correspondence between the decedent and deen
dant in the Chinese but translated by the off
ca translator The action for SIS, 12SOO being the bal
claimed to be due decedent administrator The defen
dant claims that decedent owed him $4,s4324 Much test
monv introduced by both sides The found that
neither in all particulars The main que
ton in controversy follows The opium censee capital
lied the opium business 100000 and let several Chinese
friends into copartnership with him the business The
defendant claims that he given by Chun Lung onetenth
$4,000 interest at the inception of the business defendant
paying nothing for it. The plaintiff claims that defendants
interest only 50 500 and that given him months
after the business operation and had proved be profit
able The business continued thirteen months and its net pro
fits per Defendants admits a balance
in favor of the censee of &c. 1866 but claims that he should
be credited with the of tenth share of the opium
firm, profits amounting to" 81 900, which would bring the
of the icensee S4,S23.24 in debt to him.
The trial Judge placed but little reliance upon the plaintiffs
account appearing be original but made up
from different books and containing some charges which
TO he The MONT of
versy being whether the defendants interest $4,000
$780, the found fact that it the latter and
the former
The court then took the amount admit
ted by defendant to be due the de
cedent NEUTRALITY-SUSPICIOUS.. S6l56 70
and added interest amounts
found from the accounts to be cnarg
able defendant, $2O25O and $375.OO 577 80
s6,734 26
and credited defendant with 10
months salary at 1925 per month. 81, 625 90
and 1900 profit on defendants 49,
interest the business. 5000 90 1926 90
which leaves a balance of ... $21O9 26
due the decedens estate and ordered Judgment this
and interest
In letter the plaintiff, dated Nav TO- $780, the defendant
that he owed the estate three thousand dollars but
his commission of SALARY probably be deducted would
leave him less than 50 0O0 and that he would and
settle all the balance within the three months This
and other defendant hardly be reconced with
position the trial that he creditor of the de-
cedent the of 81 S2S4 say nothing of the
improbaby that deceden would have presented to
defendant, then stranger him. oneenh of the business
On the whole showing far from the Judgment being without
evidence support being against the weight of evidence
find it bundy sustained and order the exceptions to be
overruled
Kinney t Ba1ou for plaintiff,
ThuraOn te Stanley for defendant.