The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-29
The QUEEN
LOSES SUIT
Wong Kwai Wins in
Circuit Court.
BISHOP ESTATE REPORT
Ejectment Suit Against Hamakua
Mill Company--News Of
the Courts.
long KWA1 won his case

Lgreement entered into between Wong q
kwai and Joseph Heleluhe, the agent Of "a
he Queen, is declared by the First Cir n
ind the defendant is required to make fl
he deed. An appeal was noted, but 81
decree will be signed upon presentation. c
The Queen was not in court to hear the . 5.
verdict, which was brief and delivered ;.
orally
The action was brought in 1898. Wong
Kwai complained that Liliuokalani, by
her duly authorized agent, Joseph Hele-
lube, by memorandum of agreement in
writing, dated on October Is, 1898, by him,
agreed to lease to Wong Kwai a certain
piece or parcel of land, being the ahu-
puaa of Lumahai on the Island of Ka-
uai. of the then Republic of Hawaii, for
an annual rental lof $1,000. payable semi
annually in advance for term of ten
years, beginning with January ], 1900. On
October 18th the plaintiff met Liliuoka-
lanfs agent, and accepted and ratified
the agreement signed by Heleluhe, and
prepared a lease of the land embodying
the terms and conditions incidental to
leases. Wong Kwai made tender of ST.
500 rent for the first six months for said
lease, but the defendant refused to ac-
|cept the proffered rent or execute the
lease, and threatened to lease the anu
puaa to some one else.
Wong Kwai has been for many years
the tenant of the land at Lumahai un- |
der Liliuokalani and her predecessors |
and cultivated large portion of the |
same as a rice plantation. L. A. Thurs
ton first appeared as the attorney for
the plaintiff, but the case was recently
I,xrI ofnh nd n a.
| Gil Brown. Liliuokalani was enjoined
during the course of the trial from leas-
ing the land to any one else.
ADDITIONAL MASTERS REPORT.
The following additional report on the
trustees detailed and itemized accounts
of receipts for the six months ending
June 30, 1900, filed January 16, 1901, in ac-
lcordance with the order of the court, OF
which the following is a summary, was
filed yesterday by p. Danson kellett, Jr,
master:
Rents, s51, 64s.e5; taxes reimbursed. s5,-
7025 81; pasturage, $40; permissions to as
sign lease (expense), $65; frewood. 5000;
lsales of land, 81, $50; surveying costs re-
turned, $l,123.SS; coral and stone, $5O9.70;
interest on notes. etc., $6,74S.57; bills re-
ceivable Gnvestment), s64,625; taro lands
rents, Keel, Kona, Hawaii, $3.50; law
costs Of court returned), $3.50; balance
ION hand June 80, 1899, $4,654S5; total re-
lceipts, six months ending December 81,
1899. $51, 23015; grand total, $751;
The master has verified the statement
Of accounts filed on August 6, 1900, and
reports the same correct. The notes OF
. James l. Dowsett for $4,000 have been
paid in full, together with the interest
due thereon. He finds there is yet due
1888, which the trustees should be sur
charged with. The trustees, the master
continues, also report the note of Gear
nm H., - ~,riI IN, full
together with interest due thereon, pu
the accounts only show that 1872. 300 have
been paid on account of said note, leav
ling balance due thereon of 5000. Thu
amount is accounted for by the trustee
as follows: The note was transferred
by Gear & Lansing to G. Schumann o.
March 16. 1899. which the trustees &C
cepted. but failed to credit to Gear
; Lansing.
Holmes and Stanley, attorneys for tn
trustees Of the Estate of Bernice P. Btsh
op, have filed exceptions to the foilow1n
findings of the master, accounts endln
+ June 30, 1900: That the trustees be dis
allowed the sum of s71665 being commits
sions at the rate of 21a per cent on s2s
! ITS, and except to the finding tha
trustees should be disallowed the snl
!. of s63S25 being commissions at the raj
of az per cent on the sum of S25,5So.0.
DENIES ANCESTORS HAD POSSES
l SION.
In the ejectment suit of Henry Sm1t
-, VS.. Hamakua Mill Co. the defendant,
n his attorneys, Cecil Brown and tfede
-. lex W. Hankey, denies all and slngul
~, the allegations in the plaintiffs con
ls1 plant The defendant further states tn
neither plaintiff nor his grantors
IN their ancestors have had possession
IN occupation of the land described in plai
IN tiff's complaint, nor any portion theret
W for the twenty years preceding the hip
of said complaint, nor for any part
said term. The Circuit Judge yesterd
-, allowed the defendant ten days in wni
-" to file it's answer.
- COURT NOTES.
s. K Kane, attorney for the estate
Kan zee QS), minor. has filed mot.
lin the Circuit Court to fix the attorne!
fee in the matter of the application
appointment of a new guardian.
E. F. Dillingham;, plaintiff in tile
ton against the Wahiawa Sugar
Ltd, bill for specific performance Il
filled motion asking the court to set
~ date for the hearing and determinau
of said cause. The motion wilt De y
scented to the Judge today at 10 a. m
Mahoahoa, plaintiff in the eiectni'
suit against Tai Bun. ct al, has filed
n motion in which he states that Sec On
a defendant in this cause and duly e
ed, who has appeared by probate gu
dian and for whom an answer has bs
filed by r. ]. Creighton, appearing
his attorney. has since the filing of
answer, become of age, aid plain
moves that an order be made that S
defendant within ten days either rat
- said answer and adopt it as his own,
file a new answer of his own
Wong But Man, plaintiff, has iiled
motion to have the demurrer of Cn
Sing stricken from the iiles on
fIground that 1t does not set forth
point out in what particular the +
cause of action is ambiguous, unintt
gible and uncertain. The motion will
IIheard this forenoon. The motion of j
Pierce for admission and license to pr
ltice law, has been set for hearing
Friday morning next.
The case of Allen & Robinson, Ltd,
Koolau Kaikainahaole (w), appealed
the defendant from the Second Dist
DIE Court of Honolulu. was filed in the
cult Court yesterday. The plair
claims the defendant is indebted to
rect. former in the sum Of s11o upon PROF