The Hawaiian gazette., 1901-07-23


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force. Bls, puurd her bsir.
I'm, wife also charges that 81 other
times not specified lhvlloC would strIk,
aud beat hyr. ana called her vulgar 'ud
vile names, excepting the FIRST week OF
their married iitr rendering hor ne
hurdonsom, and her marriage % most UNI
. happy ANA Wrptvhrd iailui, SHE says
To longer live together
Libellaut further sets out that lhelleo
owns q house and lot ON King street
near sheridan of the value ~ $4,000.
also another lot and houses on Punch
bowl street opposite kBwaiahao church
of the value of s., 600. and other property
the location and value of which are un-
known. The total profits and rents
arising from his property is placed at
$3.50 monthly II is further alleged that
libellce wishes to sell or mortgage said
property and a restraining order is asked
of the court.
An absolute divorce is also asked and
temporary alimony i'm the sum of SIS
weekly, aud to compel libellee to pay the
costs and reasonable attorneys fee
Upon motion OF libellants attorney, J
r. De Bolt, Judge Gear has made an Or
der citing Jonah kumalao. the lhcllee. To
appear before him at noon today. and
show cause, why the relief asked should
not be granted.
LOWER COURT SUSTAINED
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- P''i"'i, az H't 'Iiuaut Nohlpdh! ol
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""s no' haui' u"u'i POruOh
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must he Lrou,bt within CIV ,no1,,pS ~,
the time OF loss
The opinion sustaining the Circuit
Court is written by Judge Perry and
the findings are IN substance as fol-
lows:
"A condition in a policy of insurance
that no action shall be brought In case
of loss Unless within six months after
the loss, is valid and binding on the In
sured
"Thc plalntif in an action Of assunpgit
upon "A contract Of insurance alleged. a.
an excuse for not bringing thu, action
within the time limited in the policy.
that ON several occasions and within six
months after the destruction of said
stock of goods wares and merchandise.
and since such time. the plaintiff has
demanded payment of said policy from
the defendant but the defendant through
its said agent refused al all times To
pay the sam. assigning as a reason
therefor that the Government OF Hawaii
or some other Governmental Authority
would pay for such loss, and that the
defendant was not liabl. therefor Held
on demurrer. that this was not a SUI
hcent cxcuse.-that the facts stated 90
not disclose any waiver by tn. insurer
OF the right to rely on the clause Of
Limitation as defense or estop the d.
PENDANT from presenting such defense
INVENTORY or u,INNts -s.r ,rt. D..
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affnc,. &C. ,,ian.d a, ,,,, 81 % anf persona
s,s;5. 90 certi,icat. NJ loci T., ,Sn snn