The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-06-05

SPECIAL TERN Of
THE CIRCUIT COURT
The Boardman Verdict
Goes to Supreme
Court.
WILL OF LITE JOHN \. LuHlae
THE SUPREME COURT upHoLos
THE JUDGMENT OF TWO
COURTS AT HlLo.
WILL OF LATE JOHN \. luHlHe
of Estate Of late Fred.
q. oat-J. 3. Atherton Moves for
Hearing on Demurrer in His Suit
Against wahisws Sugar Co.

Judge Humphreys yesterday pro-
mulgated an order, approved by Chief
Justice Frear, for a special term OF
the First Circuit Court beginning on
Tuesday. June Is. This special term
viii link right on to the extension Of
the present term previously ordered.
By the time the August term comes
round there will be d material clear
ance in the congestion of litigation
Chief Justice Frear and Justice
Perry heard Yook Kee VS.. Hilo Mer-
chantile Company, Limited, and
agreed in an opinion written by the
Chief Justice IL is on exceptions
from the Fourth Circuit Court, the
suit being assumpsit for s41.32, for
money claimed to have been paid by
mistake.
The case was tried, jury waived, on
appeal from the District Court Judg-
ment was rendered for the plaintiff in
both these courts.
The Supreme Court finds that the
case was before it on exceptions and
the question was merely whether there
of the Circuit Court
HG cACcptlUuS are OsSIfuicu. AuS
law determined by the opinion is
thus stated in the syllabus:
"A mortgage cannot operate as Sc
curity for greater sum than that ex-
pressed on its face, even though it
may operate to secure future advances
without so indicating on its face.
Money paid under mistake CT
fact may be recovered, as where plain
tin, who had assumed the payment of
mortgage, asked the mortgage how
much was due and upon being told
the whole amount OF the mortgagor s
Indebtedness, paid it, including an
amount not covered by the mortga-
gee."
w. S. Wise for plaintiff; Chas. ~.
LIE Blond for defendant
Judge Edings denied motion OF
defendant in George z. Boardman vs..
Firemen's Fund Insurance Co., to en-,
ter Judgment for defendant notwith-
standing the verdict, ION the ground
that the verdict is contrary to the law
and the evidence. and under the I'M
disputed facts plaintiff cannot possibly
recover judgment against the defend
ant" He also over-ruled motion
for new trial. Bonds have been filed
by defendant on appeal to the SUI
preme Court.
In the case of J. B. Atherton VS.. Wa
hiawa Sugar Co., Hatch & Silliman
| for plaintiff notify Kinney, Ballou &
McClanahan for defendant of motion
to set day for hearing demurrer.
| B. L. Marx has filed his bond in $500
as guardian of the property of Alex
ander Martin More, with F. NJ. Hatch
as surety.
| Marion Maybin Luning petitions fol-
probate of the win of her late hus'
| band. John W. Luning, wherein she is
named as devisee. legatee and execu
| trix. There is no real estate and tbs
personal property is valued at $250(
consisting of promissory notes ant
iewelry. The will was executed al
Honolulu on June 81, 1891, in presence
of Harry Armitage.
VIM. K Rees. executor of the will 81
Kealoha Rees. has fled an inventor,
showing only personal property val
ued at $3.50.
B. l. Marx, appraiser, has filed tht
/ following inventory of the estate O
the late Fred B. Dat;
so shares Oahu Sugar Co..
par value 500. clear mar
ket value $3.50. 5000 o
40 shares Kihei Sugar Co.,
/ par value $50, clear mar
ket value s11.5e.. ago o
1 share Healani Yacht and
Boat Club, par value $50,
clear market value 800. 20 O
Balance OF cash on hand fuf
distribution .s-..... 1878 8
| Total $40 s53 4