The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-24
comp ANY
MUST PAY
Smith Estate Given
a Verdict for
$4,000.
PEARL HARBOR
SUITS AGAIN
Jury Question Will Be Argued
Before Judge Estee
Monday.

The jury in the case of Cecil Brown,
administrator of the estate of D. B..
Smith deceased VS.. the Equitable Life
Assurance Co. of New York returned
terday morning for the full amount of
the policy, s25, 000 Very little evidence
was put on by defendant, and the argu-
ments We're also very brief. The court
allowed the plaintiffs Instructions to
the jury, which We're practically deci-
sive, as under those instructions and
that of the court. the jury could do
nothing but find for the plaintiff. The
jury was out but five minutes when
they returned a verdict for plaintiff in
the sum of $25, 900 with interest at six
per cent from July ), 1900 Exceptions
were allowed defendants.
BY this verdict the insurance COM
pany may be compelled to pay the
amount of the policy twice. as there is
suit against it on the same policy in
the Federal court for the Southern Dis
trict of New York
THE LAND CASE.
In the case of Robert VS.. Kauai, an
ejectment suit which has been on trial
before Judge Little for week the plain
.tiffs closed their case yesterday morn
ing. The defendants Immediately NOV
ed for a non-suit on the ground that the
lease was not proven, nor the possession
of defendants disputed. The case was
taken under advisement by Judge Little,
who will give his decision this morning.
NO BUSINESS IN GEARS COURT.
Yesterday was another slack day 81
Gears court. After the conclusion of
the insurance case, all matters were
brought to a standstill, because nothing
was ready for trial. though six cases had
been ordered to be prepared for yester-
day. Judge Gear called in the attorneys
in a vain endeavor to find something
which could be heard Immediately, and
finally stated that hereafter cases an
swered ready, which were not ready,
would be dismissed. The real trouble
just at present is the land case in Judge
Titles court, in which half a dozen at
torneys are engaged. II the case is fin
ished today there are several causes
which can Immediately be heard by
Gear. The Harrison Magoon case has
the right of way. and will be heard first,
in the other court. Then follow three
Kapiolani estate cases, and then come
insurance cases. If the land case in Lit
ties court it not finished by the ruling
on motion for non-suit, one of the insur-
ance cases will be heard this morning
before Gear
Judge Gear made an order yesterday
requiring all cases on the calendar num-
bering from rs to 200 excepting those al
ready disposed Of to be ready for trial
Wednesday morning at $50.
COURT NOTES.
A return and account of sales in the
Lazarus property has been made by
Commissioner Thompson.
]. A. Thompson, master in the estate
of James K. Kekalua, filed his report
yesterday. A balance of 5000 is on hand
for distribution and payment of the ex-
penses of administration.
Order has been made for the payment
to ]. H, Cummings of s774.7o, a ninth
share in the estate of w. H Cummings,
deceased. Cecil Brown, administrator,
protested against the payment on the
ground that it should not be made until
a final settlement had been made, but
Gear allowed Davis motion.
A discontinuance has been filed in the
matter of Bond Aiwohi, an idiotic per-
son.
In the case of Avery VS.. Hawaiian Ga
zette Co., libel, plaintiff has fled mo-
ton for an execution. on the ground that
the bill of exceptions filed are frivolous
and immaterial. and to delay the pay
ment of the Judgment in this action, and
on the further grounds that Defendants
counsel had advised his client to pay the
award of damages.
Replication to defendants (Cattons)
answer has been filed by plaintiff in the
case of John Fowler & Co VS.. Robert
Cation and George MacFariane.
Deputy Sheriff Chas. F. Chillingworth
was admitted to practice in the Circuit
Court by Judge Gear yesterday.
The case of the HOLSTER Drug Co. vs.
John F. Colburn was discontinued yes
terday This was a suit on account.
IN FEDERAL COURT.
The arguments for a jury In the Pearl
Harbor condemnation suits will be heard
by Judge Estee next Monday. Yester-
day morning when the cases were called
in Federal Court, Assistant United states
To,,ure presented motion to