The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-05
STILL At TER
MERR|COURT.
Insurance Co. Asks a
Reargument.
NEWS OF THE COURTS
"0ld Man" Silva Whose Wine was
Poison Left an Estate of
$1,000.
THE CASE of Arthur Merricourt
against the NorWa1k Fire In

against the Norwa1k Fire In
surance Company will not down.
Phoenix-Iike, it rises upon its ashes
Kinney, Ballou & McClanahan, attor-
neys for the defendant company, yes
terday filed with the Supreme Court
motion for re-argument. This is ask
| ed for on the ground that a question
decisive of the right of the defendant
| to new trial was duly submitted 10
the court by counsel and that the
court in it's consideration of the case
and in it's decision filed on December
81, 1900, overlooked said question.
Defendants counsel in the bill of ex-
ceptions filed in this cause, assigned as
error the refusal of the trial judge to
allow proof to be made of the facts In
the matter. Some of these are that
the plaintiff, while living in San
| Francisco on May 3, 1893, took out an
| insurance policy for $1,000 on his house
hold furniture, and within three
months and four days thereafter, al
8 o'clock after midnight, from a cause
which he states to be unknown 10
him. fire broke out and totally con-
sumed the insured property.
That subsequently thereto Arthur
G. Merricourt, in San Francisco, took
out policy for $4,000 on his household
furniture. and within four months and
twenty-seven days thereafter, at three
and half hours after midnight, from
cause which he states to have been
a defective f1ue fire broke out and to-
tally consumed the insured property.
THAT subsequently in the city OF
Stockton, A. G.. Merricourt took out an
insurance policy of s., S25 on his house
hold furniture, and that within one
month and nine days thereafter, at )
O'Clock after midnight, from a cause
which he states to have been incendi-
airy. fire broke out and totally consum-
ed the insured property:
That Arthur CT. Merrieourt subse-
quently, in the city OF San francisco,
took out an insurance policy of $5,Ooo
on household furniture, etc, and with
in two months and twenty-five days
thereafter, at II o'clock at night, from
a cause which he states have been the
explosion of a lamp, fire broke out and
totally consumed the entire property"
/. In the fifty-first assignment of error
in defendants bill of exceptions it Is
shown that defendant, the motion
states, for the purpose Of asking a
witness certain hypothetical questions,
offered to prove the facts set OUT
above, counsel stating that the offer
to prove was not made at that time for
the purpose of showing fraud. Plain
tiff'S objection to this offer as shown
by the bill of exceptions was sustained
by the trial judge.
The defendant says the decision of
the Supreme Court shows clearly that
Ia- c,ic Of a6
which is to effect that defendant Of
fered to prove the above statement of
| facts, which offer was denied by the
trial judge. The defendant believes
| that the admssibility of proof Of these
| facts, to show fraud were passed upon
| by the Supreme Court but that the
propriety of their admissibility on the
question of their mater1ality as facts,
concealed from the defendant, is not
decided, and was entirety overlooked
by the Supreme Court in its decision.
Plaintiffs attorneys have been noti-
| fed that the motion for reargument
will be presented before the SUPREME
Court on Monday, January Z, at 10
a. m.
MANY PROBATE MATTERS
II Yesterday was probate day in the
Circuit Court. Many estates were
brought up and disposed of quickly.
In the matter of the estate of Jas.
J. Stewart, the court fixed the allow
ance of Whiting & Robinson, attor-
neys for the estate, at SIS.
In the estate of NJ de Medeiros, de-
ceased. Mary Medeiros. the widow, was
appointed administrator under 500
bond. The court requested an inven-
tory should be filed within ten days.
and notice to creditors be given in a
daily newspaper once a week for four
weeks.
The court appointed NJ c. Silva adj
ministrator of the estate of John de
Costa deceased, under $4,000 bond.
An inventory must be filed in fifteen
days, and a notice to creditors pub
lished.
w. c. Parke has been appointed ad-
ministrator of the estate or Catharine
Z. Aud. deceased, under a BOND or
Sfte.---ae must file an inventory IN
thirty days, and give public notice to
creditors. The decedent died on Oc-
tober !, 1900 Her estate is valued at
Sl100. and she has a life interest in
the estate of j. l.. Lewis, valued at
about $4,000
old Man Silva" as he was known
| nearly two months ago, when the city
was stirred by the news of the sudden
death of three Portuguese from drink
ing his wine while he lay dead, left
an estate estimated to be worth about
appointed administrator under 5000
bond An inventory is to be filed in
| the next ten days
The circuit judge approved the ac-
counts and masters report in the
matter of the guardianship of the per
son and estates sof Edwin Austin Jones
| ct AL, minors.
P. Danson Kellett was appointed
master in the matter OF the estate M
Kan zee (k), deceased. to examine
| the seventh annual accounts. a peti-
| ton for the appointment of II. Sing
| Fook, as guardian of the minors has
| been filed.
In the matter of the Charles r
| Bishop trust, the circuit judge yester-
day approved five of the annual ao-
counts, and the masters reports there
on were confirmed. In the second ac-
count the trustees are surcharged with
SO. AZ overcharged commissions.
COURT NOTES.
An inventory of the estate sof Kali
lua Pikai (w.). deceased, has been filed
in the Circuit Court, by Keau Ck.).
administrator, giving the total amount
of real esate holdings AT 1878.
Willis T. Knowlton, attorney in fact
for John Alexander Ramos, Manuel
Ramos and Frank Gomez, has fled in
the Circuit Court receipt for s., 062 65.