The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-24

from three o'clock in the morning until late night
He suffered from sleepessnes and rheumatism He worried
his business and his property and the demands of his
tenants for repairs He experienced much domestic trouble after
his marriage and occasionally in temporary fits of
element dependency greatly abused his wife, for which he
would appear pentent afterwards Finally his wife with their
young children left him in July 1898 All these troubles
greatly discouraged him and made him irritable at times
The property question had been purchased by the plaintiff
with his earnings lots from time and his all Part
of it he used his home and for dairy purposes and other parts
he leased various tenants.
The transaction in question about in this way The
plaintiff worried and respondent his dairy his property
and tenants and his we deserton and suffering from
rheumatism He had just inserted notices the papers offering
his and chickens for sale and his land for lease One
Wright had applied for lease of portion of the land
and to purchase the and chickens He and Magoon
and Christley negotiating regard these On
the evening of October 81 $685. the defendants paid of
their visits the plaintiff about shutdown and after talk
the plaintiffs troubles and the advisaby of his ceang
work and taking life agreement entered into The
parties differ who introduced the subject of selling
property and the degree of willingness urgency
Tested by them respectively in regard to the matter and also
their understanding respectively what the of the
agreement The plaintiff contends that the agreement
make deed his, the plaintiffs children and
pay the plaintiff month during his life of the
rents The defendants testify substance that the plaintiff said
he had thought of asking rich to take the place. that
he thought of asking James Campbell Cecil Brown they
give him much month"; that he had thought of asking
him. Magoon but that perhaps he would like take it, that he
Magoon said he wiling but that perhaps would be better
give Mrs Magoon she had real estate and he Mr.
Magoo in business and might 60 into something and lose
his property that Magoon asked him how much he would want
that he said he did not know how much he would require that
Magoon asked him if $75 month would be enough that he
said than he would require that Magoon said that
he ought any him drawing
deed and he said he would like have him. Magoon draw
There uncertainty just what if anything said
at that time In regard to paying plaintiffs debts also to
whether the word sel equivalent wasued merely
such words take' "giv" &c. On November the deed
drawn executed and acknowledged The consideration
named was 100000 which Magoon told plaintiff
matter of form. receipt for $4,000 signed and acknow
edged by plaintiff and joint and several promise signed
and acknowledged by the defendants pay the plaintiff
consideration of $600o the of 75 month 50 long the
plaintiff should i've The plaintiff of arrangements
the evening of October 81 moved to the defendants
home he continued live for several months until
near the time when these proceedings commenced His
wife then returned he she became econced
Much has been paid by counselto the question of
the adequacy of the consideration Various points dis
ced such value of the monthly payable the
plaintiff and value of his ws unreleased dover interest,"
as determined by mortality annuity tables and by the judg
ent business men, the value of the plaintiffs land subject
the nchoae right viewed from the standpoint of In
weston spcuao the extent of depreciation caused
by the right its effect purchasers and lenders OF
money value of the property the time of the transaction
in question the time of the trial. its value based the
income which yielded the time and that which could be
made to yield and that which shortly afterwards made to
yield &c. As of fact the property consisted of 247
of land fee simple in residence portion of the city
where there great demand for small cottages Those
D.
tons of which then leased yielded IN $113
had just been practically made to lease another
portion for $50 month"; but shortly afterwards the proposed
tenant concluded give up the lease declined take it. In
January following portion leased at $50 month and In
February another portion $50 month for the first years.