The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-05

DECISIONS
Andrade Loses Suit
Against Gus.
Schumann.
LITTLE DECIDES
A LAND CASE
Judge Gear Thinks Honolulu
Attorneys Can Earn $1,000
a Month.

Judge Gear delivered written opin-
ion yesterday in the case of John s.
Andrade VS.. The Territorial Stables
Company and G. Schumann, sustaining
the demurrer, and dissolving the In
junction. Andrade and Schumann were
partners, the former owning 233 shares
and the latter 515 shares. 1t was alleg-
ed that the contract provided that
neither party could sell his stock with
out the consent of the other, and that
in violation thereof Schumann was
about to secure control OF the majority
of stock and Gust Andrade as manager.
A temporary injunction was granted
restraining Schumann from such action.
and the case came up on demurrer In
his opinion Judge Gear says:
The demurrer to the bill complains ON
two grounds. First, on the ground that
the agreement is illegal and void as
against public policy. Second, upon the
ground that plaintiff has an adequate
and complete remedy at law
Upon argument, no sufficient reason
was shown to the Court why it was not
true that complainant had plain,
speedy, adequate and complete remedy
at law for if the contract was valid, and
defendant used his influence in having
Andrade removed from his position as
manager of the corporation, the law
would fix the measure of damages, and
plaintiffs remedy would be an action for
damages for a breach of the contract
mo reason appears to the Court why
these damages could not be easily ascer-
tanned and that reason alone should be
sufficient to induce this Court to sustain
the demurrer.
1.-THE bill stating no grounds for relief
in equity, the demurrer must be sustain
ed on this ground. 1t would appear,
however, from the rules stated below,
that 1t is not certain that this contract is
valid. In the present case there
is direct pecuniary consideration, name
ly the securing to the plaintiff the posi-
ton of manager of the corporation.
Let the demurrer be sustained and the
bill dismissed.
'"GEAR, Judge"
HONOLULU INVESTMENT COM
PANY WINS.
Judge Little handed down an opinion
yesterday in the case of the Honolulu In
vestment Company VS.. Helen K. Rowland
ct al, an action to quiet title, which was
tried to the court. The decision is, in
part, as follows:
"F'irst-This is an action to quiet title
to land in Honolulu, consisting of two
pieces, the first being described in LanC
| Commission Award No. 131, Royal Pat
ent 1910, the second being described il
Royal Patent 1904. The plaintiff claim!
a fee simple title to an undivided one
half to this property. The court finds
that the plaintiff the Honolulu Invest
ment Company, Limited, is a corporation
existing under and by virtue of the law
of the Territory of Hawaii.
"Second-The Court finds that Thee
philus Metcalf during his lifetime be
came and was at the time of his dealt
the owner in fee simple of the propert,
described in the complaint and that sal
property was devised by the last will an
testament of the said Theophilus Metcal
to the children of Frank Metcalf lawful
Iy begotten and living at the time of tn
death of Frank Metcalf.
''Third-The Court finds that Emm
Metcalf Ikaika was the daughter c
; Frank Metcalf and Alice Metcaf an
; that Frank Metcalf and Alice Metcal
|
I time of the birth of Emma Metcalf Ika
; ka, and that Frank Metcalf and Alic
; Metcalf subsequently lawfully Internal
ried. that Emma Metcaf Ikaika was til
Z lawfully begotten child of Frank Metca
and at the death of Frank Metcalf b.
; came devisee under the will of Thee
I philus Metcalf.
{ "Fourth-The Court finds that Emn
Metcalf Ikatka upon the death of Fran
\ {rvi Il
, one-half of the property in question
fee simple.
4 ''Fifth-The Court further finds TIL
= the plaintiff acquired all the rights
Emma Metcalf Ikaika to this propert
"Sixth-The Court finds that the plai
tiff owns in fee simple an undivided on
10 half of the premises described here
~ referred to in plaintiffs bill Of complain
II "a Judgment will be given for Il
= plaintiff as prayed for in accordan
J. with the views herein expressed VIII
IT presented by counsel for the plaintiff
i, Geo. A. Davis and Robertson & Wild
Ipes for plaintiff; Thomas Fitch for Tho
ID Metcalf and Frank Godfrey, truste
n Andrews. Peters & Andrade for EmI
p NJ Nakuina; Kinney, Ballou & MCLEAN
han for Helen Rowland and James Pro
s., ser
n, ARRIsON-MAGOON CASE.
to ,-,
n Judge Gear did not render decisi
10 Yesterday in the motion for nonsuit
the case Of Harrison VS.. Magoon. At t
ID opening of court in the morning, he
cused the jury until 100 o'clock and
that time excused it further until Nc
d day morning. In the afternoon the
torneys presented additional argumeI
:. in support of the motion for nonsuit
- the court reserved decision until today
! JUDGE LITTLE THANKS JURY.
L. Judge Little also excused the jury "
terday, stating that he had ne iuL Il
he need of them, and thanking It's m@TnD'
for their courteous treatment and prom
2 attendance at court. lie viii pro5a'
remain here next week II attend the s
sions of the Supreme Cour- as ASsoci'
IS Justice. and may hear ana OF iwo cas-
without a jurv.
- QUESTION OF ATTORNEYS FEE
10 vcs+.r5av morning TudEa Little fCE