The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-22


Of The motion for leave file the amended
within the sound discretion of the court
say that such dicretio. has abused considering
the time defendant had in which answer also
the of affidavit Of merits support motion
The main point relied by that the con
sderaon for the services which the claim based was
immoral and illegal This on the motion for a new
trial and by exception The charge the court to the iu
wit: The jury instructed disregard any defense of
Iegly release, defendant right under
the pleading o such defense
The Circuit Court refused question of immoral
consideration contracts based thereon taking the view that
such defenes be specially pleaded under Rule + Ccnit
Court Rules, which reads
In personal actions, the Statute of Limitations shall he
specially pleaded and defendant shall allowed to set up bv
way OF defense to the plaintiffs claim any egay, fraud
lease payment, infancy, covertue discharge under any
statute relating bankruptcy insolvency. unless he SHALL
filing his give his answer or at the foot
thereof OF his intention rely upon defenses
The defendant also relied the Limitations The
defendant not having pleaded these the amended
answer not being allowed he could avail himself the
defense of the Statute of Limitations egay in the con-
sderation contract. PHpiloni Houg1taiIug II Iaw
100; Sherman Harrison, IIaw. 663
At the close of PLAINTIFF case moved the court
TO instruct the jury render verdict for defendant The de-
PENDANT entitled this request evidence shows
that defendant had moneys his he received 10
the of the plaintiff and the defendant was liable 70
pay plaintiff, and it a jury on the facts
This defense of immoral would have been good
II the defendant had placed himself in position by his answer to
avail himself of It, The of Kalua Scg Admir- IIaw
636, supports defendants contention that where conler-
ton of the immoral that is as in this case the agree
nent to live with his mistress woman cannot recover
wages either under the contract under claim work and
labor performed In the Kaua a. Sq case the cort car
ed the jury that "a will be because it NAV
by any probability facilitate illegal To render
VOID the connection with the Illegal transaction direct
and not remote conectura but the other cannot
the forncao if substantial agreement was to live
with him mistress As have said this defense would
be good if defendant could himself of it. The circuit
might have of its motion ruled in accordance with the
Seig and directed the jury find against plaintiff on
the claim for services rendered. and case plaintiff
could not have complained the court rule ground
of public policy, declines acknowledge i'm
morality, but the circuit discretion take
view of this case and the defendant having right to
maintain this defense aside the verdict
by the jury.
In the course of the trial the defendant pro-
pounded to plaintiff coexamnation the following qucs
Did You live with the defendant his wife,"
During the time have performed these services YOU
his wifeT'
You stated just that he You you
gher with him his ~ohjne, Won explain what You
by tlatI'
The court objection of plaintiff refused allow these
questions and defendant excepted.
These exceptions must be overrue already dec
ed that the defense of egay open the defendant
IN that view proper discrimination material; and
even admissible examination of the evidence shows that
thereafter these questions fully answered.
The exceptions overruled
J.. 4. Dckey for plaintiff.
j. Ncu3dnH for defendant.