The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-11-05
THREE BIG Glas
BEFORE JUDGE LITTLE
Fourth Circuit Judge
Handles Important
Matters.
SUITS IxVoLylHe LARGE AMOUNTS
MATERIAL MANS LIEN. ASSUME
SIT AND BANKRUPTCY MAT
TIERS CONSIDERED.
SUITS IxE0LylHe LARGE AMOUNTS
Hackfeld's Suit Against Contractor Of
HiIo Railroad Taken Under Ad-
Observation-Disclosures Law Con-
sidered-specihe Performance.
(SpeciGl C0rrespOasencs.l

HILO, Nov. Ia large number OF
equity, probate and other cases TO be
heard in chambers have been disposed OF
during the past week. of which the fol-
lowing are the most important:
One of the most interesting cases re
Gently brought before the Judge of the
Fourth Circuit in chambers was a suit in
the nature of assuIHpsit, upon a mechan-
les Tor material man'sl lien, brought by
H. Hackfeid & Co., last March, against
the Hilo Railroad and others, for some
thing over eight thousand dollars. the
amount owing them by Herman Elderts.
a sub-contractor in the construction of
the Hilo Railroad, Puma division. The
above amount represented material fur
nished the sub-contractor By III. Haekfeld
x Co, to be used in the road construction,
and cash for the payment of his laborers
The principal grounds upon which the
defendant contested the validity of the
lien were that no lien could be maintained
for cash that portion of the materials
mentioned in the lien schedule did not 20
into the road according TO the meaning of
the statute; and, in the third place, that
if portion of the claim could be thus
thrown out, the whole would be invali-
dated, on the ground that in actions of
this nature the exact amount claimed and
no other could be recovered.
pretty thorough discussion of the
first and second grounds of defense took
place in the course of the introduction of
plaintiffs testimony. Authorities and
precedents in the Hawaiian reports are
few and far between upon the subject
of these liens, and more especially upon
these particular questions. Both court
and counsel were accordingly thrown
largely upon their own resources in the
Interpretation of the statute Civil Laws
of 1897. section 1741), which reads:
Any person or association of persons
furnishing labor or material to be used in
the construction or repair of any build
ing. structure. railroad or other under
taking, as well as upon the interest of the
owner of such building, structure, rail-
road or other undertaking in the land
upon which the same is situated
1t appears thai five thousand dollars or
more of the total amount demanded was
for cash advanced tor the payment of Ia
borers, Hackfeld & Co. surprising that
they had a lien for cash as well as for
materials, upon the authority of Allen <
Robinson VS.. Redward ct al, 10 Haw.
151, where it is held that money paid the
material man on account of Indebtedness
may be by special agreement first applied
to cash advanced Ly such material man,
and afterward TO materials furnished. |
Defendants claim was sustained by the
court and evidence upon the question of |
cash barred. Plaintiff excepted.
As TO materials furnished and not used |
in actual construction, snch were claimed |
to be certain articles used in the building |
Of laborers' quarters by the sub-contract- |
or. Defendant claimed that the con-
strucfion of laborers' quarters was not |
construction of the road, and was purely |
a personal matter of the sub-contractor. |
for his greater convenience in actual road |
construction. The court. however, held |
these articles were within the meaning of |
the statute, and evidence thereof was adj
mitted.
After the completion of plaintiffs tes-
'mony the case vas deliberately argued |
Upon both siflts and the court took the /
case under Amusement, reserving his de-
cision thereon. Wise & Nickens for plain /
tiff: Smith & Parsons for defendant
The United States bankrupt law of /
1898. passed for the purpose Of giving /
uniformity to bankrupt proceedings |
throughout the United States, enacts, in /
Section co fb)
IF bankrupt shall have given a pref /
erence within four months before the 81 Il
ing of a petition. or after the filing of /
petition and before the adjudication, and Il
the person receiving II. or TO be benefited /
thereby. or his agent acting therein. shah 1
have had reasonable cause 20 believe that i
it was intended thereby TO give a prefer /
ence il shall be voidable BY the trustee.
and he may recover the property or its
value from such persons"
This section Of the law is the ground Of
4 suit In equity brought BY c. H. Fairer.
trustee Of the estate of TomAshima. 3
bankrupt. against III Hackfeld & Co. for
about 5000 on the ground that II. Hack
field 4 Co. are preferred creditors within
The meaning CT the law, this company kav
ing, as plsintiE alleges. taken mortgage
Of property Of TomaSkima 70 that
auaount. As this Is one Of the first, IL
not the first CASE arising here under this
section OF the Cnited States bankrupt
law Il Is Of more than usual interest No
decision hiss yet hesn rendered. Smith &
Parsons for plaintiff Wise and Niekeuz
for defendant.
Today = suit for specific Performance.
broazhf b. Robert Andrews against tie
Kehaia and Hiio r. r. Co. viii BE beard
The KohaIa and H;ic r. r. CO. leased
rrrtaln lands a. Wsfskea Of the Waiakea
sfin Company, Cor railrosd parposss oslF. /
Is the latter claim TIE railroad com
pany sub-leased portion % Andrews for
erecting Z saloon thereon The WssakeA