The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-08
YESTERDAYS
COURT NEWS
Verdict Against
Hamakua Mill
Company.
THE MIST CASE
STILL GOES ON
Answer in Case of Dee VS.. King
Filed by Defendant
T. J. King.

| Aie Go'oe VI f1enfy smith VS.. Hama
kua Mill Company occupied the entire
morning and nearly all of the after
noon in the First Circuit Court yester-
day Lyle A. Dickey and Andrews,
Peters & Andrade appearing for the
plaintiff and Cecil Brown for the de-
PENDANT. The evidence was concluded
at 3 p. m. in the afternoon, and at the
closing of the argument Attorney An
drews moved the court that the evil
dence for the defendant be stricken out.
There was no argument in the motion
by defendants attorney, and the court
allowed the motion; then upon motion
of plaintiffs counsel the court instruct
er the jury to return a verdict for the
plaintiff, which the jury accordingly
did
At o'clock the continued case of
Mist VS.. Kapiolani estate was taken
up and witnesses were examined until
$50 o'clock
COURT NOTES.
! In the cases of Wing Wo Tai & Co. VS..
Alliance Assurance Co. and Wing Wo
Tai Co. VS.. Royal Insurance Co., ap-
pearance was filed by Philip L. Weaver
as attorney for w. A. Henshall, who
died on February %, 1901, by loss at sea
of the steamship Rio de Janeiro Notice
is given to Robertson & Wilder attor-
neys for defendant, of such filing of
appearance.
| W. r. Castle, trustee, as plaintiff in
the case of Castle VS.. Kapioiani Estate
yesterday filed a discontinuance of his
action against the defendant.
In the case of the Territory of Hawaii
VS.. William Mccarthy the defendant be-
! ing charged with assault and battery, a
motion was yesterday filed by ]. L. Kau-
| lukou defendants attorney, that an or
| der be made permitting him to file bond
| for appearance in the sum of 800 instead
of the cash bail of 800, now deposited by
| him in said matter Notice is given that
| the said motion will be presented this
morning at $50 o'clock.
| In the case of e. H. F. Wolter VS.. F.
| H. Redward, the motion of plaintiff that
| the case be forthwith set for trial upon
| the ground that said plaintiff is about to
depart for Germany, was yesterday .leard
| before the First Circuit Court. The aff1-
| davit accompanying the motion was
1 found to be insufficient, and the Court
therefore ordered the motion denied.
! In the case of Kahele Napua, vs. Loika
| Napua, which is an action for divorce,
| the defendant yesterday Lied her answer
admitting the marriage and cohabitatton
as set forth in the complaint, and con-
| senting that the cause may be placed on
| the calendar and heard at the present
| May term of the court.
GUARDIANSHIP MATTERS.
w. F. C. Hasson was yesterday ap-
4 pointed guardian of the estate of Paul
R. Hasson under bond of $500, by the
/ First Judge Of the First Circuit Court.
| upon petition of the appointee, showing
that he is the father of the deceased.
| The petition gives a schedule showing
$50 shares of stock in the apollo Mining
Company, Alaska" and also cash divi-
dend on same of ST. so. An inventory is
ordered to be filed within sixty days.
The motion of E. Kekoa, contestant, in
re the estate OF Annie n. Holokahiki
that the cause be continued to the next
| November term of the court on the
ground that the most important wit
ness, Mrs Becky Kaai, for the contest
ant, is now absent from the Territory,
was heard by the First Judge of the
First Circuit Court yesterday morning
The Court denied the motion and ordered
that the case stand in order for trial.
FEDERAL COURT.
Deputy United States Marshal Hendry
has sent to Washington for $1,000 from
the Federal funds with which to pay the
fees remaining unpaid to the jurors OF
the Grand and Petit juries serving the
United States District Court, the funds
here having been exhausted.
DEFENDANT ANSWERS.
In the equity case of Lawrence H. De-
VS.. T. ]. King the defendant has FLED
his answer TO plaintiffs complaint
Defendant admits that he paid to j. c
Rierdon the sum of s., $50 for a three
fourths' interest in West Disinfectint
Co., mentioned in said bill; that he ha
no personal knowledge as to whether tn
plaintiff ever paid in the sum of S1,250
as alleged. and therefore neither aunt
nor denies the allegations; admits that II
consideration of the said sum of So, 70
the said Rierdon assigned to defendan
the said three-fourths' interest, at tn
same time transferring a one-fourth in
terest to the plaintiff In August, 1885
defendant alleges, he procured an inVolc
! of materials of the value of $1,000, TO tn
cost of which the plaintiff contribute
s42.55 Thereafter, defendant without as
| sistance or cooperation of the plaintiff
endeavored at his own expense to devel
Cd the said business, but was unable I
derive any profit out of it.
Immediately after RlerdonS interest j
the agency was bought, the West Disin
fecting Company was notified, whereupo
the company informed defendant tina
' Rierdon had no right to assign OF trans
fer the business The company refuse
to ratffy the transaction and declined
1 recognize defendant, King, as its agen
This reputation Of Rierdon's actio
made the transfer null and void and c
no value. Therefore, business and ager
cy were no longer good
g Thereafter, in October, 1898, defendar
acquired from Henry L. Alderman {
San Francisco California, an agent &c
the West Disinfecting Company, the az
pointment as sole sub-agent for the Ha
waiian Islands, and is now acting unde
such appointment
Defendant denies that plaintin has an
interest in the agency now held by hin
or any right to participate in the mar
agement thereof.
4 In November, 1885, defendant King NJ
tilted Dee that his purchase from RE