The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-16
INSURANCE CASES DECIDED BY
SILLIMAN.
Companies Using European Policies
Must Pay; Not So Under Standard
or New York Policies.

Judge Silliman, second Judge of the
Circuit Court, yesterday afternoon
handed down two decisions in the mat
ter of insurance on merchandise burned
in the great fire of January 20 last.
1t will be remembered that the owners
of goods burned at that time claimed
the insurance; the companies, on the
other hand, held that they were not
liable for the reason that the premises
containing the goods were burned by
civil authority. Yee Wo Chan & Com
pany was the plaintiff in both cases de-
cided. This firm had merchandise worth
something over 100000 upon which there
was about 900 insurance.
The first policy was with the Trans
atlantic Insurance Company, Limited,
and was for $4,000. 1t was the old, or
European, form of policy. This policy
rids the company of liability in case of
riot or other commotion of the same
order but says nothing about acts of the
civil authority. On that ground Judge
Silliman held that the company was liza
BILE for the full amount claimed.
The other suit was against the
Magdeburg Fire Insurance Company
and was for the same amount. In this
case, however, an entirely different 81
tuation presented itself. The policy is
the New York. or STANDARD" form, and
expressly provides that if the property
is burned by the civil authorities the
company is not liable. Judge Silliman
so decided, finding for the defendant in
the suit.
In both cases appeals have been taken
to the Supreme Court so that the deci-
sions are not to be regarded as final
In the matter of AnimotO, charged
with murder, defendants attorneys,
Atkinson & Judd, have filed a motion
to quash indictment for the reason that
the indictment does not show that the
offense was committed in the Territory
of Hawaii This is another of those
cases in which the indictment was pre-
ferred prior to the demise of the Repub-
lie.
In the three Charles Downing cases
Judge Humphreys has overruled the
motion of defendant to quash the IN
dictments. Appeals in each of the
cases have been taken to the Supreme
Court.
j. E. Comes, vs. Hawaiian Gazette
Company, libel, is on before Judge Sill
man today. This suit is for $1,000 dam
ages and was begun in the latter days
of 1898. Both sides have spent nearly
the amount asked for in lawyers fees
in that long time. The case is apparent
ly no nearer a settlement than it was
at the beginning. In those old days of
the libel H. NJ. Whitney was editor of
the Advertiser and a young man named
Preston was reporter. The latter wrote
the Objectionable article.
The Wahiawa plantation people have
entered suit against the Waialua Agri-
cultural Company for seven-ninths of
the Holt lands, which are now inclu1-
ed in the bounds of defendants estate
The Wahiawa Company claims the land
under leases.
Antoine G. Cunha has filed a petition
for the appointment of j. A. Magoon
as guardian of Florence Bell Tewks-
berry, a child seven years of age.
Antoine Medeiros was found not guilty
by jury yesterday afternoon of riding
a bicycle over Miss PacneCo in Punch
bowl town.
In the case of Frank Barrat charged
with driving buss owed Manuel Comes
Jr., the jury yesterday afternoon rc-
turned a disagreement.
A denial has been filed by John II
Wilson in the assumpsit suit of Oki and
Ota VS.. Wilson and Whitehouse.
In the case of Lomba, the man
charged with using Irish moss in the
milk of the Star dairy, the jury, on
second trial, acquitted the defendant
The verdict was unanimous.