The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-09


the benefit of decree setting aside Decd but have in this
opinion given my why do consider predatory trust
created.
therefore respectfully dissent from the opinion OF the Court
IN THE SUPREME COURT OF THE TERRITORY OF
HAWAII
SEPTEMBER TERM, 1900.
HAWAII LAND COMPANY a. LION FIRE INSURANCE .
COMPANY.
WONG CHOW WONG CHEW YOU, LAM KAI CHOW
and LAM YING CHIN, partners doing business under
the firm name of YEE WO CHAN & co. y. THE MAG
DEBURG FIRE INSURANCE COMPANY.
EXCEPTIONS FROM C1Rcurr Court, FIRST CIRCUIT
SUBMITTED OCTOBER s. 1900 DECIDED OCTOBER 80, 1900
FREAR, Co. GAIBRA1rH PERRY, u.
which of Health
because of infection bubonc plague The policy provided that
insurer directly
directly by invasion instruction riot civil commo'on,
military usurped by order OF civil authority
by theft" Held
The words directly and indirectly apply in the of loss caused
by order of civil authority well in the of
caused "by INVASION &C.
loss which unaded
independent buildings
which ordered S
particular buildings
To the
authority ufabl=
fcient the civil authority lawfully buildings
when within of its duties
the particular officially
of its
Where buildings by authority
infection by plague and loss caused by order of any civil author
W excepted but less caused by plague neither insured against
excepted should
the OF the loss within the meaning the policy
OPINION OF THE COURT BY FHEAR CO.
These argued together The facts except the
form of the policies are substantially the the of
zee Wo Chan Co. The Transatlantic Fire ms Co.,
The first of these submission to this
agreed statement of facts and based policy for $4,000 upon
building the of River and Pauai Streets
blocks from where the fire originated The second
plaintiffs exceptions from the Circuit Court First Circuit and
an action policy for $4,000 upon the merchandise
that covered in the other zee WO Chan Co. Just
toned These differ from that in that the defendants rely
not only the defense of civil connection excepted risk
which the decision IN that settles against them but also
the exception of loss caused y order of any civil authority
which the policy that did The paragraph in
which these words the each policies
in question and follows:
Ihs company shall not be liable for loss drecly or
indirectly by invasion, instruction, riot, civil
tion military usurped power by of ana cir
o"o1y or by theft; by neglect of the insured all
reasonable means and preserve the property and
fire OF when the property endangered by fire neghborng
age by fire y by explosion of any Kind ghnng
by tor direct damage by lightning be assumed by specific
agreement hereon'
1t conended, particularly by counsel for the plaintiff
hrs of these that the words directly indirectly
apply to the words by order of civil authority
they apply to the preceding words only We cannot agree with
him. It'll true argued that the ending with
usuped power be grouped together implying
or awlessness greater degree being to
the extent of their operation than the named that is
order of civil authority and argued that this indicates
break thought in the of these classes of risks
ard affords ground for belief that the words directly" and e
pecialy indirectly intended apply first class
only and yet all these risks including the last caed
together as possessing certain attributes are
instance all of less public political nature 1t true
also that at first impression the repetition the words or bv
IN the last clause preceding the first seem in
date break in the thought and yet or would naturally be