The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-20
YOUNG AND
RECKLESS
How Vim. A. Hall
Describes His
Career.
CHARGES WINAM
WITH FRAUD
A Land Transaction in Which Hall
Claims to Have Been Duped
by Chinese.

brought suit in the First Circuit Court
against C. Winam to cancel lease of
property situated at Mini and Aala, de-
scribed as Aala-kai Lele o Mini in Royal
hula, alleging that fraudulent means
were used in connection with an extern
sion of lease The petitioner states he
became of legal age on February q. 1901.
and prior to that time had been intimate
ly acquainted with C. Winam. He claim
ed during that time he was inexperienc-
ed and ignorant of business and business
matters, and during this period was un-
der the guardianship of William ..
Smith. which fact he alleges was clearly
understood by the said defendant.
Hall describes himself, during his mi
norty, as improvident and reckless in
money matters, and. although receiving
an allowance from his guardian, lived
beyond and in excess of said allowance
and had but small conception of the val
ue of money, and alleges that this was
also known to the defendant. Hall says
he married during his minority, the fact
of his union being known to Mr.. Winam.
On August %, 1890, Hall became the
owner by purchase from Edwin ]. Hall,
his father, now deceased, of the piece of
land above described.
During the lifetime of Edwin J. Hall,
to wit, July 5, 1889, he leased to one
Akana portion Of. the above land for
the term of fifteen years, from April Is,
1891, at an annual rental of $1,000 pay
able quarterly in advance. The lease
contained a covenant on the part of the
lessees against assignment without the
written consent of the lessor. Sometime
after the death Of Edwin Hall and subse-
quent to April Is, 1891, the lessee assign
ed the lease to the defendant without
first having secured the written consent
of the lessor or petitioner which young
Hall alleges was a breach of the cove
nants OF the lease, and because of said
breach the lease thereby became null
and void, and young Hall states that he
has therefore made re-entry upon the
land and declared the lease at an end
and demanded that Winam quit the
premises and surrender the possession
thereof to him.
Subsequent to the assignment Winam
paid rent under said lease to Halls
guardian. ". o. Smith which rent was
received by the latter, but that since OBJ
tanning his majority Hall has repudiat-
ed any and all acts of his guardian which
might have been construed as constitut-
ing waiver of the breach of covenant.
Hall further states that during his mi
nority and after the assignment of the
lease to Winam, and at sundry times, the
defendant approached him with requests
and persuasive suggestions that the
term of the lease of February %, 1891,
be EXTENDED by petitioner to longer pc
Rod, and defendant made offers to Hall
of a higher rental if said extension were
granted, and held out other inducements
to him and loaned him money at divers
times in sundry amounts until the petit
toner alleges his indebtedness to Winam
aggregated the sum of nearly 500.
In June, 1900, and while Hall was still
under guardianship, which was well
known to defendant petitioner yielding
to the opportunities and influence of the
defendant and without the knowledge of
his guardian or the advice of any one
save the defendant, granted to defendant
what petitioner supposed to be an extern
sion of said lease of July 5, 1889, by the
terms of which Hall was to receive from
the defendant the sum of $3.50 for his I'M
divided one-han interest in said leased
land.
After the lease extending the term
was signed by the petitioner and before
his NalPs) wife knew anything of it's
having been given, he alleges that Wi
nam gave to his wife, presents of va
rious kinds, but subsequently his wife
learned that the extension of the lease
had been signed and was informed that
In the signing of the lease Hall had
done foolish thing, and at the request
of his wife Hall destroyed one copy of
the extension lease, and during the
month of December, 1900, he alleges that
his guardian, w. o. Smith, secured from
Wfnam the other copy of the lease and
destroyed Il.
Hall alleges that subsequently Winam
loaned to him sundry sums of money
without security, and from time to time
as Hall would ask it, and during Febru-
airy of this year, and about two weeks
prior to Hall becoming of legal age. Wi
nam came to Hall and importuned him
to grant an extension, promising that
the young man should receive as a rental
during the extension period the sum of
500 per month.
Hall again alleges his ignorance of the
law and value of the property, and
trusting and relying upon defendants
fairness and good faith and yielding to
his influence, agreed to an extension of
the lease for a period of twenty five
years, commencing from the date of the
expiration of the lease of July, 1889. Sub
sequent to this agreement Winam called
upon Hall, so the latter alleges, at his
home and told him to go to the office of
w. c. Achi and sign the lease. Hall did
as requested. Hall says he has learned
since that the rental agreed upon is
grossly inadequate to the value of the
property
of his age and inexperience He claims
Winam urged him not to speak to his
guardian of the extension and he re-
Trained from so doing. He brands the
transaction as unconscionapAe and fraud
ulent in toto.