The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-11-17
IA PEHIHGs III lITTLE's
COURT At Hl0
IN 4AcKFELD VS.. t4ILo RAILROAD
CASE. COURT SIDES WITH
DEFENDANT.
Sui, Involving Claim For Supplies
Furnished pefendsns-Nunerous
Matters Handled BY the Fourth
Circuit Judge During Past Week.


Judge Little rendered a decision
/ fed & Co. vs.. The HilO Railroad Co.
I Ltd, Smith &Corey and Herman
EId9rts.
The suit was brought by the plain
tiffs to recover s9023- 95 on account of
cash and materials furnished 10 Ed
erts. who was a sub-cOntraCtor under
Smith & Corey. constructors OF the
Hilo Railroad. The chief contractors
aud the railroad company were made
defendants on the ground that the
claim was lien upon their property.
The ccurt held that the evidence in
the case failed TO establish the exist
ence Of privitv between the plaintiff
and the railroad company or Smith
d Corey. in respect 70 the transaction
ont OF which the litigation grew.
The court also held that the plaintiffs
account against the sub-contractor
and co-defendant E'derts, for cash
advanced to paw laborers. and for ma
terials and suDplies furnished bv
in the construction ri the certain por-
tion of the Hilo railroad. creates no
lien on the railroad in favor of the
nIaipttf The court concludes bv
rendering Judgment for plaintiff
against Herman Elderts for balance
duo on cash accounts with interest
IS a5a12, and in the further sum of
0sA SS balance with interest for mer-
"hand'se And further holding that
the plaintiff is not entitled TO a lien
unnn the whole or any part of said
railroad or any of its appurtenances.
Wise e Nickeus attorneys for the
nlaintif win carry the case IN on bill
# evcert'o1s Smith & Parsons, F,
renreserted the defendants.
7 ast Tuesday. the case of Wa Fook !
fned h. Judge Fapai the sum Of $3.50 |
for having che fa tickets in his pos
session. vas heard by Judge Little on I
anreal The case which consumed I
'hree DAYS in the District Court was I
'~np winded in Tho Circuit Court The 1
7iFcr'tv of carving on the trial of |
"aSa in several languages was forciblv |
illustrated. In the examination of /
witnesses the 0ueetions would be 1
9Skod in English n an Hawaiian in |
'ernretor the Hawaiian would pass IL 4
70 p Chinese internreter. who would 1
0~on0und tho uuee'ion RI the witness
- the to~gre Of Corfucius The an
ever would come hack through the
eans system OF RELAYS reaching the
oars of the court and the court steno-
g-arher IN choice English
Wednesday morning Judge little
rendered decision in the case. uu
holding the sentence imposed bv
Iudga Hanai. Tho court said it had
considered the evidence and the rec
ord with care and would sustain the
lower conrt The Judge remarked
that che IA is dangerous and perni-
cious game and that it must be broll-
on no in Hilo adding that he would
have sustained the lower court if the
fine had been as high as $500
In the estates of Kane. Kupaa Hna
lilJu and Kawaa the netition of the
administrators Keahialapa. for dis
charge was granted Monday nv Judge
LITTLE snd hondsmen released.
T g. Ridgwav was appointed adj
in the estates of Make.
Haiti and Daniel under bonds of $500
fo- each estate
In the cese of r. L. Jones VS.. J. X.
Peterson for snecifc nerformance of
contract the defendants demurrer
has heen o~erruled
Jn4ee title rendered decision
rhr-sdav in the case of Chas. H.
Fairer. trustee for X Tomishima
,arkrrnt VS. II. Hankfeld e Co. Civ
no Judgment in favo- of the defend
mt The action was brought in euui-
V TO enforce surrender IF preference.
I was shown thnt the Sonkrupt had
,vecnted a MORTGAGE TO the defendant
nst three months and eleven days be-
ore petition of creditors was fled
skiing that he be adiudged a bank
urt The other creditors sought TO
ompel a surrender of this claim on !
he ground that it was secured bv
he mortgage with the intent to de-
raud other creditors with in the |
nesning of the Bankruptcy Act
The cont held that the evidence IN
no case docs not disclose a state nf
acts under the law ms would indicate
hot the MORTGAGE in question was
sven with a Wow to give a nrefeT-
MO- ~ the daferdart Smith and 1
'a-Sors f~r ria'ntiff; Wise and Nick
nc g. defendant
- the ra~~ ~ pohert AndrewS vs. l
r~N~'a n-s uslo p~i'-oad Co. ] RI
'su e. ~re-ss, na-Fo-r7a-,ce - cor,-
--~t r--aVa tile r~~d sod q decision
THURSDAY il favor 81 nlaiutif.