The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-23

upon contract of insurance alleged, as
an excuse for not bringing the 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
ana since such time, the plaintiff has
demanded payment of said policy from
the defendant but the defendant through
It's said agent, refused at all times to
pay the same assigning as a reason
therefor, that the Government of Hawaii,
OF some other Governmental Authority
would pay for such loss, and that the
defendant was not liable therefor Held,
on demurrer, that this was not suf-
ncient excuse,--that the facts stated DO
not disclose any waiver by the insurer
OF the right to rely on the clause of
limitation as a defense or estop the de-
fendant from presenting such Defense"
INVENTORY OF M'INNIS ESTATE.
An inventory was filed yesterday by
David Dayton of the estate of George
McInnis. The value of the personal
effects is placed at s224.2O cash on hand
$1,000, certificate of stock in the San
Francisco Indication Co. par value $500,
1900 shares preferred stock in Invncible
Advertising Co., San Francisco, value
unknown, also Rose tract, Brooklyn
township, Alameda County, California.
An answer was filed yesterday by
Hatch & Silliman, attorneys for the
oceanic Steamship Co., making a general
denial of the charges alleged by A. E.
Augustine in his action for damages.
A discontinuance was filed by the plain
TIL in the case of H. w. Barth VS.. John
Dee and others, doing business under
the firm name of Sing Chong Co.
A demurrer to the petition asking a
dismissal was filed in the case of Kolo-
haiole, administrator estate of Ieremia
deceased vs.. Hamea and Malupo-eject-
ment. lnsufficiency of fact and ambiguity
of the complaint are alleged in the de-
murrer
The plaintiffs have filed a joinder in de-
murrer in the. case of ]. Alfred Magoon,
trustee, VS.. c. Lai Young. A bill to re-
move cloud from title and for injunction.
Henry Smith, trustee under the will of
Robert VIM. Holt. filed a satisfaction of
judgment in the assumpsit proceeding
of Bruce Cartwright VS.. VIM II. Cum
mings. The total amount received from
the defendant is $20S5.27, which includes
interest from February %, 1896
ASKS LEAVE OF ABSENCE.
Attorney General Dole has applied for
leave of absence by sending the follow
ing letter to Acting Governor Cooper:
Honolulu, H. l., July 22nd, 1901.
To His Excellency Henry E. Cooper,
Acting Governor of the Territory of
Hawaii.
Sir: L have not asked for a vacation
since l entered the service of the gov
eminent, more than five and a half years
ago. During this time l have not been
off duty, on an average, more than three
working days in the year. have worked
Sundays and nights whenever the bust
ness of the Attorney Generals depart
ment required it. 1 am trying to get the
affairs of the department in such shape
that / can leave them for time, with
out prejudice to the public interests.
In view of these facts and of my ap-
preaching marriage, 1 think I am justi-
fled in asking as long vacation as you
think it reasonable and proper that l
should have I wish to leave for San
Francisco in about a month.
1 have the honor 10 be. Sir, with great
respect,
Your obedient servant,
E. P. DOLE,
Attorney General