The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-06
HUMPHREYS { GEIR
GET FIE HUNDRED
Judge Little Allows Old
Law Firm Fee For
Services.
The ElpuKlHI sPEHBTHRIFT TRUST
FINDINGS IN THE AssuMPslT
SUIT OF JOHN COOK VS..
E. corr HosRoN.
The ElpuKlHI spEHBTHRIFT TRUST
Payments Made for Purposes of Be-
nevoIenee by the Charles r. sish-
% Trust-Judse Gear Confirms
Masters Report of George Lucas.


Gear was allowed fee of five hundred
dollars in Judge Titles court yester-
day in the spendthrift case of Kalua
Kapukini. The spendthrift case was
brought into Judge Perry's court by
Humphreys & Gear several years ago.
1t had been agreed that if the case was
won and Kalua Kapukini was relieved
Of her guardian the law firm OF Hum
phreys & Gear should receive the sum
OF $3.50. The case was lost. however,
and the firm received nothing at that
time. Suit was brought and yester-
day. as noted above. fee of $500 was
awarded.
The matter OF the removal of the
guardian. J. A. Magoon. in this case. is
still under consideration by Judge
Little.
Kalua Kapukini, spendthrift. took
the stand yesterday morning. to say
whether she wanted to pay the fee
asked for by Humphreys & Gear. for
professional services rendered. The
young woman said she did not want to
pay IT.
''Why?' asked Magoon.
Because the lawyers did not win
the case" was the answer.
Are not lawyers to be paid for their
services. even if they lose?''
81 suppose so"
Then why not pay these attor-
neys?"
mo, don't want to-"
Judge Little asked II the attorneys
had been asked by Kalua Kapukini to
bring an action in court, and to pre-
pare the papers. The young woman
said that thew had. Judge Little then
asked her what her objection was to
paving Humphreys & Gear $500
Kalua said that she wanted to think
the matter over. She was evidently
not enough of a spendthrift to be de-
sirious of seeing five hundred dollars
go out all at once At the request Of
Thomas Fitch the matter of the fee
went over to the afternoon while the
new petition to terminate the spend
thrift trust was argued
In the afternoon Judge Little decid-
ed that Humphreys & Gear were en-
titled to fee of $500, taking the mat
ter of the termination of the spend
thrift trust under consideration.
Findings in Cook Against Hebron.
The following findings in the as
sumpsit suit of John Cook against E.
Colt Hebron, by Judge Little. have
been recorded:
srTh;e e ~ ao{ic,, T., ass,,,,, ->.ft -.
breach Of an oral agreement alleged to
have been made some time in the
year 1899, wherein the plaintiff claims
that the defendant promised to put a
road to some lots that the plaintiff
was about to and did subsequently
purchase from the defendant, and up
on which the plaintiff was to erect a
house, and on which he did subse-
quently erect a house, and that the
defendant was to lay water pipes and
conduct good fresh water for the use
of the plaintiff on said lots on or be-
fore the first day of August, A. d. 1899,
for breach of which plaintiff brings
this action and claims four thousand
dollars $4,000 damages. The court
finds from the evidence:
''First-That the only contract ever
entered into by the parties Ia this &C
ton in respect to the subject Of this
controversy was a written contract
ants Exhibits A and B.
"Second-The court finds from the
evidence that there never was an oral
contract or agreement entered into
by the parties o this action for the
laying Of water pipes on or to the
land to be conveyed TO plaintiff or to
make a road thereto.
"Third-The court finds from the
evidence that the offer OF defendant to
later, pay for water pipes to extend
the water to the land in question had
nothing whatever to DO with the writ
ten contract. and such offer was made
without any obligation on the part Of
the defendant TO do so. and without
consideration
"Fourth-The court finds from the
evidence that the defendant has com
Piled with or has offered to comply
with and is now ready to comply with
all the terms and conditions OF said
written agreement
"F1fth-The court finds that the
RAaz1hAA HAS Aalkcu W C1SaNAASA u.s.
case by preponderance of the evidence
and therefore finds the issues in favor
of the defendant and for his costs IN
this action
Let Judgment be entered for de
fendant in accordance with these
views"
Fer Benevolent Purposes.
The masters report Of George Lucas
on the account Of the trustees Of the
Charles R Bishop trust has been con
drmed BIZ Judge Gear.
The master is allowed q fee Of SIS
The account ends with August IL. 1901
showing receipts OF s55.s19s0. and
PAYMENTS OF SO SIS %. leaving q cash
balance OF SIS. 1910 The trust was
established BIZ Charles r Bishop for