The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-30
COURT NEWS
OF THE DAY
MaunaIei Sugar
Co. File Their
Answer.
$1,000 DRAFT
A PUZZLE
A Long List of Probate and
Guardianship Matters
Yesterday.

! A peculiar confusion of things exists
in the matter of a draft for $1,000 made
upon the Bank of California, San Fran
CISCO. by Bishop & Company of Homo
lulu. The question as to whom the
money shall be paid is left to the Su-
Ipreme Court. as shown by the following
report of proceedings:
The parties in the case of P. D. Kel-
let, Jr., guardian of the property OF
C. LundahI, an insane person, VS.. Sam
uel Ii. Dawson, ct al, yesterday sub
United by statement, without action,
the question of differences upon which
the case rests, to the Supreme Court
for decision.
} The agreed statement of facts shows
that on January II, 1901, c. Lundahl
requested in writing from Bishop &
Company a draft on the Bank of Cali
fornia, San Francisco, for $1,000 in IA
vor of Augusta Johansen, one of the
defendants; that on January II, 1901.
7 said G. Lundahl deposited with said
Bishop q Company as payment for said
draft the sum of 81 900, and that pur-
suant to said request Bishop IL Com
Ipany issued such draft, without dupli-
cate; that on February II, following, Z.
d. Kellet, Jr., was appointed guardian
of the property of C. Lundahl; that
said c. Lundahl retained the said draft
in his own possession and did not de-
liver it to the payee named and the
same is now in the possession of p. d.
Kellet, Jr., who obtained the same on
being appointed guardian; that said p.
d. Kellet, Jr., rendered said draft to
said Bishop & Company on February
IA, 1901, demanding return of said $1,000,
but such demand was refused: that
said Bank of California will neither ac-
cept nor pay said draft without the
delivery thereof to it, properly endors-
ier; that Augusta Johansen, the payee
named in said draft. has been informed
of the issuance of said draft and has
given motive not to pay the amount
named to any person other than herself.
Upon this statement and the records
and files in the matter of the guardian
ship of c. Lundahl the question IS
submitted, the following ISSUES of law
being pointed out:
! 1. Has the said P. D. KeIlet, Jr., the
right to recover possession of the said
sum of $1,000 on rendering said draft to
the said Bishop & Company; or
2. Has the said Augusta Johansen
the right to possession of the said draft
from the said P. d. Kellet, Jr, and to
payment of the said sum of $1,000 on
presenting said draft to said Bank of
california. properly endorsed?
COURT NOTES.
Argument on. the writ of certiorari
matter in the case of w. s. Noblitt vs.
/ the Board of Health, continued from the
afternoon before, was yesterday morn
ing completed in the First Circuit Court
decision was reserved.
An answer has been filed by the Mau-
nalei Sugar Company to the suit in
equity of Albert V. Gear and Theodore
Lansing, accompanied by an affidavit of
Fred. H. Hayselden. The answer is
: based upon general denial, particularly
! denying that defendant has any infor-
nation as TO the alleged advances of
money (aggregating the sum of $40 OO0)
by plaintiffs to the defendant corpora
ton, or as TO the advance of any sum
at all by plaintiff to defendant 1t is
also specifically denied that the defend
ant entered into the alleged agreement,
or any agreement or understanding at
all, by which the alleged advances were
to be charge upon the growing crops
of cane, and paid out of the proceeds
of the sale of said crop or crops; 1t is
alleged that if there be any such agree
ment 1t was not attached to PLAINTIFF S
and has no force or effect. for the rea-
son that said alleged agreement was not
executed or entered into by said corpor-
! alton nor by any one duly or properly
authorized thereto and for the further
reason that such alleged agreement
would be in violation OF the civil laws
relative to the prevention of frauds and
perjuries in contracts and actions found
ed thereon
The Kimban Steamship Company has
fled a motion in its action against the
Honolulu Market Company, Limited, ir
| the First Circuit Court moving that q
| time be set for the taking of the testi.
mony of John II. Bullock, who is about
! to depart from Hawaii not to return II
/ time for the trial of the cause A no
tice was issued specifying 1870 D. m. or
April 1 as the time for taking such dep
! osition, II. e. Kaulukou to take same
An amended answer for increase of al
lowance to minors was filed yesterday
by George r. Carter, guardian of H A
P. Carter and Grace D. Carter The
amended answer admits all the allega
tons in the petition, excepting thos,
which state that the present ALLOWANCE,
is insufficient for the care and education
of said minors, and that it is necessar,
to advance the allowance of each Il
5000
The debris phase Of the controversy
between the Wailuku Sugar Company
and the Hawaiian Commercial and Su
I gar Company was yesterday heard b,
the Judge of the First Circuit Court
Decision was reserved
! In the matter of the trusteeship of A
I Jaeger for Julia English petition fo
the appointment OF a trustee was yes
I terday filed by James Roberts who al
, l1eges that by reason CT deed of rec
ord made October 10, 1887, and execute,
by one VIM. T. McWhirter to A Jaeger
as trustee for Julia English. certain
parcel of real estate situated in TIonoiu
=. III is now in right the property of tn
e petitioner, such deed conveying sal
n land to A. Jaeger, trustee. upon the fol
lowing trusts: ITO have and to hold tn
said premises with the appurtena noes t
col 4 IL