The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-07
TODAY IN
The COURTS
Supreme Court
Will Hold First
Session
UNDER NEW ACT
OF LEGISLATURE
Spendthrift Must Pay $500 Fee to
Two Judges-Cook Loses
His Case.

this morning. Judge Little will very
likely sit on the bench with Associate
Justices Galbraith and Perry.
The Federal Court will also meet this
Judge Estee will probably make rul-
ing upon the motion to strike out the
respondents answer in the Pearl Har-
Dor condemnation suit
DECISION IN COOK vs.. H0BRON.
Judge Little rendered a decision Sat
urday in the case of John Cook VS.. e.
Colt Hebron, finding for the defendant.
His written opinion was as follows:
This IS an action III assumpsit fer
| breach of an oral agreement alleged TO
have been made some .Inle i'll the year
1899, wherein the plaintiff claims that
| the defendant promised to put road
to some lots that the plaintiff was about
to and did subsequently purchase from
| the defendant, and upon which the plain
| tiff was to erect a house, and on which
| he did subsequently, erect a house, ana
! that the defenda It vas to lay water
| pipes and conduct good fresh water for
the use of the plaintiff on said lots or
or before the first day of August A ID.
1899, for a breach Of when PLAINTIFF
| brings this action and claims four thou
| sand dollars ($4.Tg) damages. The court
1inds from the evidence:
"t'irst-that the Only contract ever en-
| tered into by the parties in THIS action
In respect to the subject o. this CONGO
versy was q written contract, offered,
admitted and filed as defendants Exhlb-
Its a and 3. sSEs
"Second-The court finds from the evil
dence that there never was an oral con-
tract or agreement entered into by the
parties to this action for the laying of
| water pipes on or to the land to be con-
veyed to plaintiff or to make a load
thereto.
"Third-The court finds from the evil
dence that the offer of defendant TO later
pay for water pipes to extend the wafer
to the land in question had nothing
whatever to do with the written con-
tract, and such offer was made without
any obligation on the part Of the defend
ant to do SO, and without consideration.
"Fourth-The court finds from the evil
dence that the defendant has complied
with or has offered to comply with and
is now ready to comply with all the
terms and conditions of said written
agreement
''Fifth-The court finds that the plain
tiff has failed to establish his case by
preponderance of the evidence and there
fore finds the issues in favor of the de-
PENDANT and for his costs in this action.
Let judgment be entered for defend
ant in accordance with these views"
sPENDTHRIFT MUST PAY
In the application of Humphreys and
Gear for a fee in the case of Kalua Ka-.
pullini, spendthrift, Judge Little heard
further testimony Saturday The woman
herself was put on the stand and said
she wasn't willing to pay. as her law
yers had lost the case. The court held
that the spendthrift must pay the two
Judges $500 for their services. even if they
had failed to win. 1t is hardly likely
that Magoon will be paid a fee for fight
ing the first application to terminate his
guardianship. Davis and Fitch will still
come In for another fee for making a
second application to have spendthrift
trust terminated. and by the time the at
torneys get through with her, Kapu-
KIM will believe herself that she is a
spendthtrift,
BISHOP CHARITIES.
George Lucas, master, made a report
Saturday upon the accounts of the trus
| tees, A w Carter. w. o. Smith, VIM. f.
Allen, S. NJ. Damon and JOS. O. Carter,
/ in the Charles r. Bishop estate. He is
allowed a fee of S75.
| The account ends with August u, 1901,
showing receipts of $55,91960, and pay
ments of $42,519.50, leaving a cash balance
of $13, 400.10. The trust was established
by Charles r. Bishop Tor benevolent
| purposes and the following are included
in the payments made.
| To F. W. Damon in aid OF Mills school,
$500
To HiIo Boys Boarding School. $1,000.
To Y NJ c. A of Honolulu, $1,000.
TIE Queens Hospital, $1,000
| To American Relief Fund, $50.
To Hawaiian Evangelican Association,
$500
To Kapiolani Maternity Home, $50.
To aid night schools in Honolulu, $500.
To care of tomb of Mrs. Bishop and
other Hawaiian aIiis. SIPS. 80
To celebration of Founders Day at
Kamehameha Schools $500.
To pay half fees for board and tuition
in Kamehameha Schools of children
whose parents or guardians are not able
to pay the full amount. $G24.5o.
! To partly pay board and tuition of girls
between six and fourteen, preference to
Hawaiian girls. viz: Kawaiahao Semi
nary, So, 400: Kohala Seminary, $500; Ma
wakao Seminary. $1,000; st. Andrews
Priory 500; sisters or sacred Heart s5VV
Total, $1,000
To Free Kindergartens. preference to
schools for Hawaiian children $500.
To pay part expenses at Oahu College
of graduates of Kamehameha Schools,
male or female. s2961S
To aid in supporting kamehameha
Alumni Association. $500.
! To churches viz: Central Union. SlG0;
Kawaiahao, 500; Kaumakaptli. $50.
To such educational institute as the
trustees might select, $500.
To Queens Hospital, for nurses cot
tage, $4,000.
To Honolulu Y. NJ. c. A, g. 0U0
To American Relief Fund. 5000
To Maternity Home, $500
WILL BE SOLD THIRD TIME.
An order for a third sale for the Bera-
tania street property in the case of