The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-31
WANT FIVE
THOUSAND
Suit For Damages Over
Mail Route.
THE NEWS OF THE COURTS
No Trace of Theresa WiIcox's Prop
erty--Did Not Act Promptly
--0ther Notes.

John Crowder, John c.. Crowder and H.
R. Macfarlane for 5000 damages alleged
ITO have resulted from a breach of con-
tract
! Henry Bryant, formerly owned two
stage coaches, one brake, six California
horses, five Hawaiian horses, with which
he carried on the business of carrying
baggage, passengers and mail between
Honolulu and Kahuku. On July 2 the
plaintiffs and defendants entered into an
agreement whereby the former bought
cut the stage coach business for $1,000.
The defendants solemnly pledged them
selves not again to undertake to carry
on the old business.
| 1t is alleged by the plaintiffs that the
Bryants have utterly failed to keep
their end of the agreement, but did, in
iccntravention of the rights of the pur-
chasers, engage in the business as of
yore. The plaintiffs claim they have
been damaged thereby to the extent of
I $1,000 and request that the defendants
appear before the May term of the court.
Return of the summons was made yes
iterday.
ITHERESA'S PROPERTY MYTHICAL.
Has Theresa Owena Wilcox any real
| or personal property in Honolulu? This
question was asked by Cecil Brown when
he had an execution issued from the
Circuit Court against the wife of the
Delegate High Sheriff Brown has an
swered the query in the negative. In
| his return of the execution the High
Sheriff makes the following notation on
the execution:
| Executed the within writ by search
ing for property, personal or real, of
either of the within named defendants,
but none having been found up to this
i2Sth day of January 1901 this writ is
therefore returned unsatisfied."
| The execution was returnable against
Theresa Wilcox, Charles Wilcox and
Thomas R. Lucas, the latter two having
endorsed Mrs. Wilcoxs note for $500.
which Cecil Brown held. The note was
dated sometime in last April, and no
sum has yet been paid upon it. Judg-
ment was entered against the defend
ants for S365.73. Mrs. Wilcox is at pres
ent in Washington with her husband,
the Delegate, and is making a fight for
the crown lands, to which she claims
she is the heir, alleging herself to be the
lgenuine, living descendant of the Ka-
mehamehas.
DID NOT ACT PROMPTLY.
Because Tong Chong Chan did not
commence his suit against the New
Zealand Insurance Company within the
term of six months after his building ut
1.-The corner of Hotel and Maunakea
streets, was burned in the conf1agration
which destroyed old Chinatown on jan
Iuary 20, 1900, the Circuit Judge has dis
missed his bin of complaint. The de-
ifendant company, by its attorneys, L.
A. Thurston and Robertson & Wilder,
Ia RI he Ia int on Ia a
lgrounds. in which it was. sustained by
1.-THE court. An exception to the ruling
was noted by plaintiff.
The plaintiff was the owner of a stock
lof wares and merchandise in the build
ling at the corner mentioned, which was
insured in the above named company fol-
1880. He says that the stock was, acct
ldentally and without the fault of him.
self totally destroyed and consumed by
fire His loss was $1,000. On February l.
1900, he furnished defendant with proof
of his loss, and thereafter demanded
payment of his policy, but the agent re-
fused payment, assigning as a reason
therefor that the Government Of Ha-
wall or some other Government author
lily. would pay for such loss, and that
the defendant company was not liable
therefor.
| Defendants demurrer was to the et-
fleet that the action had not been CON-
menced within the six months limit. the
term limited by the policy in which &C.
tion may be brought.
LAND CONVEYED FOR LOVE.
An interesting suit was decided by the
ICircuit Judge yesterday wherein the al
Legations made against the defendant by
the plaintiffs, whose attorney was J. A.
Magoon, were similar to those often
made against the attorney himself by
his clients. The suit was brought by
Keauloa and Kapela against Namokue-
ono EwaHko, to cancel deed and for re-
conveyance. The decision was rendera-
in favor of the defendant and the bill
dismissed. A notice of appeal was giv4
en-.
The plaintiff Keauloa alleged that h;
owned a parcel of land situated at Kai
kahi Alma Papu, Honolulu, valued a
about $500. The plaintiffs are old ant
. uneducated, being unable to read and un
able to do hard work, and almost Who'll
lily dependent upon friends for support
so the attorney states The defendant
together with one Euralia Akiona, hat
been living with the plaintiffs, and from
time to time contributed to their sup
port, in consequence of which they re
posed entire confidence in the defendan
and Akiona- The attorney alleges tina
Akiona suggested conveying the plain
ltiffS' lands to them and they would b
taken care of for the rest of their lives
The deed was prepared by Akiona an
signed. Fraud is alleged by the use O
Icertain words by which the plaintiff
were miSled, and the attorney allege
; this was done fraudulently and with In
n tent to cheat them, and in such man
: ner that they would not be oblige
n hereunder to support plaintiffs, as the
d had agreed TO do. Akiona died and tn
q plaintiffs were left without support. Ke
o auloa requested Ewaliko to reconvey IN
tn Ta1a init htnt HI ~ fS oil
= legged the defendant refused to do. TIL
consideration of the transfer was on
dollar. The defendant claimed the plain
tiffs suggested the conveyance, sayini
he was i'll and would probably die an
he wished to have the deed made a
quickly as possible, and the offer wa
accepted.
BEAT. BIT AND KICKED HER.
After five years of married life, Ami