The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-21

The plaintiff states that he became of
age on February q, 1901, prior to that
time being under the guardianship of
W. O. Smith; that for a number of years
before becoming Of age the plaintiff was
an Intimate friend of the defendant, that
as minor the plaintiff was improvident
and reckless in money and other matters,
and although receiving an allowance
from his guardian, lived beyond and in
excess OF said allowance, and had but
small conception of the value of money:
all of which was known to defendant;
that during mis- ..etinority plaintiff mar
ried and his wife was known to defend
ant; that during the lifetime of Edwin J.
Hall. plaintiffs father, said Edwin j.
Hall, on July 5, 1889, leased TO one Akana
a portion of certain lands for q term of
fifteen years from April Is, 1891, at an
annual rental of $1,000. an undivided one
half of said land becoming the property
Of plaintiff by purchase from Is father
en- August %, 1892 that said lease con-
tanned a covenant on the part Of the
lessee against assignment without the
written consent of the lessor; that sub
sequent to the death of plaintiffs father
and 10 April 1s, 1891, said lessee assigned
said lease TO the defendant without hav-
ing secured the written consent OF the
said lessor or of plaintiff, and that a
breach OF all of the covenants of said
lease was thereby incurred, said lease
therefore becoming null and void
1t is further averred thar plaintiff made
an entry upon said land and declared the
lease so voided, demanding the surrender
Of the. possession thereof from defendant,
which demand was refused
Continuing. defendant AYERS that by
reason of his confidence in and friend
tSI7 m Sefa dor he a..
the latter many times to accept mon
ey, while stiA a minor, to the extent of
some 500, loaned in sundry amounts; that
| during June, 1900 while plaintiff was still
under guardianship, which was We'll
known to defendant, plaintiff, yielding to
| the opportunities and influence of defend
1 ant, and without the knowledge of his
guardian, granted to defendant what he
supposed to be an extension Of said lease
| by which plaintiff was to receive s75o for
his one-half of the property for the ex-
tended term. That before plaintiffs wife
knew of the signing OF said lease defend
ant gave her presents; that when she
learned of his action in the matter, his
said wife told him he had done a foolish
thing, and he. at the request Of his wife
destroyed one copy of said lease. his
guardian subsequently securing from de
fendant the other. and destroying it. Tha
subsequently plaintiff lent defendant sun
dry sums aggregating $3.50, and that de
PENDANT again importuned him and Sc
cured from him another extension witt
rental at 500 per month, which rental
he AYERS. was grossly inadequate to tn,
true rental value OF said land, although
he was ignorant Of this ar the time
trusting and relying upon defendant
fairness and good faith as his friend
fraud. misrepresentation and undue in
huence are alleged in the obtaining o
this lease. and plaintiff AYERS that upol
learning of the true rental value of hi
property he Immediately repudiated tn
lease and demanded its surrender an
cancellation, which was refused by de
fendant
Averring that he has not a plain, com
plete and adequate remedy at law, plain
tiff prays that the defendant may b
summoned to answer to his complain
: and that he (defendanD be ordered I
; surrender up and cancel said lease an
TO pay the costs, with such further re
: lief as the Court deems meet
4 A suit in ejectment has also bee
t brought by plaintiff against defendant j
this case for having "unjustly and cor
tiff. taken into his possession and cor
verted to his own use'' a certain piece c
land at Mini and Aala in Honolulu, wh:c
said land plaintiff claims in fee simpl
by purchase from Edwin j. Hall. Dam
ages in the sum of $1,000 are asked fo
the detention of the land. Return c
summons was made yesterday.
soDERGREN MATTER.
The Sodergren matter was again pos
, poned yesterday, to be taken up TIL
! morning. The additional time was give
: the attorneys for the defendant in orde
: that the records might be compared an
the appeal perfected The clerks of tn
T Federal Court and a representative fror
D Kinney. Ballou & McClanahan's ofic
c were busy all afternoon comparing til
D evidence.