The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-06-16
MOST INTERESTING CASE.
sgit 70 Fersciese Mortgage On oIss
Coffee Lands


The case OF 4 Hzckfeld & Co. Ltd
IS Grossmzn Brothers vas heard by
Judge Little sitting in chsncery on
Thursday and Friday OF last week.
Decision vas rendered by the court
on Monday in favor OF defendants
This vas a suit to foreclOSe mort
gage given BIZ Grossman Brothers 20
plaintiff The right to foreclose vas
claimed on the ground that the con-
tract which had been entered into AZ
the time mortgage vas given. and
upon which mortgage vas based. had
been broken According 20 this con
trac; plaintiff vas 10 advance Gross.
man Brothers a certain amount OF
money ia such sums as defendants
should require from time 10 time. the
total with interest not 10 become due
until MAY. 1897 provided the terms
~ the contract gere maintained by
the defendants Otherwise all money
advanced was 20 be due and payable
AZ once upon breach of the terms
by the defendants. and the mortgage
given 10 secure such advances might
be forcclosei Among the terms Of
the contract was one that Cruss
man Brothers should cultivate the
coffee on their plantation which the
mortgage covered to the satisfaction
OF the mortgage The case turned
upon the Interpretation and applica
ton 81 the word satisfaction.
Plaintiff claimed that the method EN-
ployed bv defendants was not to their
satisfaction. Defendant claimed and
brought forward expert testimony TO
prove that the method they employed
was the best method and therefore
/ should be satisfactory. Plaintiff re
piled that what others might or might
not consider the best method. and
what might or might not be satisfac-
| tory to others had nothing to do with
| the question. The contract stipulat-
| ed that II should be to their own sat
| isfaction. OF which they alone were
the Judges. and provided that were
even the worst method satisfactory
| 10 them. and the best method unsat-
! isfactory they might foreclose even
| though the mortgagor were following
| the best method and the one naturally
| most advantageous TO MORTGAGE
| Defendant while not denying this.
-claimed that the dissatisfaction OF
/ Hackfeld & Co must be real dis
satisfaction and not one assigned for
the purpose of deliberately freezing
| out the mortgagor; that it was eyi-
/ dent that what those best qualified
TO Judge considered the best method
Of cultivation. and were themselves
| following. should. unless plaintiff
brought forward sufficient evidence to
rebut the same. be in the nature Of
things really satisfactory to them.
| Moreover conversations between DR..
NJ. E Grossman and the president of
| the plaintiff corporation at various
| times previous TO foreclosure proceed
ngs and to any complaint of defend
ants methods. showed that the plain
tin corporation had made up its mind
70 stop all advances Of money on Olaa
coffee lands and get rid of its in
terests therein: and they had already
done so altogether with the exception
II the Grossman Brothers place
which they were now attempting to
close out.
The case was in many respects the
most interesting that has come before
the court in this circuit recently. and
was presented in a mastery manner
both by Wise & Nickeus for defend
ants and Smith & Parsons for plaintiff
The decision for defendants was based
on the unreality of the dissatisfaction
Plaintiff has given notice of an appea
and the matter win come on at the
| HonoldIu=Hnfo- 11T5aReanaA -Cnnrt il