The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-06-16
nosr INTERESTING CASE.
sgft to Fereeiose Mortgage On osss
Coffee Lanes.

The case OF 4 HackfeSd & Co. Ltd
rs Grossnzn Brothers vas heard By
Judge Little sitting in chzncery on
Thursday and Friday Of last week
Decision vas rendered By the court
on Monday in favor OF defendants
This vas a suit TO foreciose mort
gage given BY Grossmzn Brothers 10
plaintiff The right TO foreclose vas
claimed on the ground that the con
tract which had been entered into at
the time mortgage was given and
upon which mortgage was based, had
been broken According TO this con
tract plaintiff was 10 advance Gross
man Brothers q certain amount OF
money in such sums as defendants
should require from time TO time. the
total with interest not TO become due
until May. 1907. provided the terms
Of the contract we're maintained By
the defendants. Otherwise all money
advanced was TO be due and payable
at once upon breach Of the terms
BIZ the defendants. and toe mortgage
given to secure such advances might
| b.. foreclosei. Among the terms OF
| the contract was one that Gross
man Brothers should cultivate the
/ coffee on their plantation which the
mortgage covered. TO the satisfaction
OF the mortgage. The case turned
| upon the Interpretation and applica-
/ ton OF the word satisfaction"
Plaintiff claimed that the method EN-
| ployed by defendants was not to their
satisfaction. Defendant claimed. and
brought forward expert testimony to
4 prove that the method they employed
was the best method and therefore
should be satisfactory Plaintiff re-
! piled that what others might or might
not consider the best method, and
what might or might not be satisfac-
| tory TO others had nothing TO do with
| the question. The contract stipulat-
ed that II should be to their own sat
| isfaction. OF which they alone were
the judges. and provided that were
even the worst method satisfactory
| TO them. and the best method unsat-
! lsfactory they might foreclose even
| though the mortgagor were following
the best method and the one naturally
| most advantageous to MORTGAGE
| Defendant while not denying this.
claimed that the dissatisfaction OF
| Hackfeld & Co. must be a real dis
satisfaction and not one assigned for
the purpose Of deliberately freezing
out the mortgagor: that IL was evl-
dent that what those best qualified
10 Judge considered the best method
OF cultivation. and were themselves
following. should. unless plaintiff
brought forward sufficient evidence TO
rebut the same. be in the nature OF
things really satisfactory to them.
Moreover conversations between DR..
NJ. Z. Grossman and the president of
the plaintiff corporation at various
times previous TO foreclosure proceed
ings and 10 any complaint of defend
ants methods. showed that the plain
tin corporation had made up its mind
TO stop all advances of money on Olaa
coffee lands and get rid of its in
terests therein: and they had already
done so altogether with the exception
Il the Grossman Brothers place
which they were now attempting to
close out.
The case was in many respects the
most interesting that has come before
the court in this circuit recently, and
was presented in a mastery manner
both by Wise & Nickeus for defend
ants and Smith & Parsons for plaintiff
The decision for defendants was based
on the unrealitv of the dissatisfaction
Plaintiff has given notice of an appea
and the matter win come on at the
HonoliIG=H1fo- 'IfI6HffeanaH Court II