The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-29

tanned the contention of the mother that
hotel Ire was not good for them, and
says they could not be brought UP any
better than they are at present
MUST PAY FOR THE HORSE.
In the case of Jas. Carly VS.. VIM. Pc
terson, Judgment was rendered for plain
tiff in the sum of $50. The question in
dispute was whether horse had been
sold to defendant or to one Frank LiIlis
The Court finds that Peterson was the
real purchaser and let Lillis pay for the
horse by installments, that ne paid for
the horse, giving a note of 1925, and TAX
ing a receipt therefor in order to make
L4illis believe he had paid $225 instead of
$500 for the horse that he pocketed the
difference Of $25, without telling Lillis
what he had really given for the horse.
The facts show that Peterson has been
paid and Lillis has the horse. The court
holds:
Defendant having executed the note
sued on and having been paid by Lillis
cannot set up a warranty with Lillis as
a defense in an action upon the note
The court finds that the sale of the horse
was to defendant and that there was and
is no failure of consideration. and gives
Judgment for the plaintiff for the amount
claimed, $50, with interest.
PAIN FILES HIS ANSWER.
A lengthy answer was filed by the
defendant yesterday In the suit of w. F.
c. Hasson VS.. w. H. Pain ct al for dis
solution of partnership
He sets up that certain defendants in
GLIDING himself did pay over TO him
self as Treasurer the sum of $3.50, but
that three of defendants, H. r. Hitch
cock, +. H. Hayselden and j. F. Bowler,
have not paid TO him any money under
the agreement
In answer TO the fourth paragraph he
denies that plaintiff entered into the en-
ploy of the said co-partnership as engi-
neer in May, 1899. but that prior
to that time the defendants. Paul New
mann, and F. H. Hayselden. had vested
fee simple interests in Palawai in the
Island of Lanai, and that they were en-
deavoring to establish plantation on
said land. and that plaintiff at the
suggestion of Paul Neumann went
to the Island of Maui to examine
into the feasibility of procuring watef
for a sugar plantation, and reported the
cost at $4,000.
Not having sufficient funds to carry out
the plan the co-partnership was formed.
and the plaintiff being in poor health vol
unfairly for his own benefit as well as
of other members of the copartnership,
overseeing the work
Defendants deny that they agreed to
pay plaintiff any amount Of money or SIC
per day, amounting to $500, and that he
made no claim upon the co-partnership
until the month of April 1900
1t is further stated that the search
for water was unsuccessful and that
there are balances due from plaintiff and
remaining unpaid to defendants of $15,125
He denies there is any lack of har-
mony among the directors and alleges
that plaintiff has no part in the manage
ment
Defendant further alleges that there is
no other property aside from the pump
ing plant and he has no money belong
ing to the co-partnership in his posses
sion He denies being indebted to plain.
| tiff, but says that the co-partnership is
indebted to defendant and other parties
in the sum of $9,O9S.93 He further alleges
that he has accounted for all moneys
paid to him, and consents to the granting
of the petition excepting that he not be
awarded the sum of $500 as prayed for
COURT NOTES
The sale of the personal property o
the estate of Henry Congdon, deceased
was ordered by Judge Gear yesterday.
The motion for a new trial in the cast
of Kapiolani Estate vs.. Peck & Co. wa;
overruled yesterday. and an appeal to tn,
Supreme Court taken
The Supreme Court will take up one o
the cases involving fishing rights il
which Queen Liliuokalani is defendant
this morning.
| In a shooting scrape in Virginia
Robert Hufford, a prominent merchant
and DIR. c. r. Mcdaniel, we'll known