The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1902-01-03

The Supreme Court yesterday ate
soon handed down a decision in Il
Ease OF II Hackf "a and CJmpan
LlmIted. against J. z. G:ossman an
v. r. Grossman, appealed by plair
30 from ,hs Fourth Circuit Court am
submitted December :. 1901, 81 tair
lag the TRIAL judge and affirming tn
decree Diminishing the bin.
The opinion is written by Associat
Justice Gzlb.aith. Smith & PsrsOn
and Kinney Balloa & McClauahan fo
plaintiff: Wise q Nlckeus and Georg
A. Davis and Cecil Brown for defen
dants
Retained But Not Detained.
Il vas IN this case. when it was rec
entity being heard on appeal. tina, At
roruey George 4. Davis. who wa
thoroughly familiar Eith the case
having been retained by the Grossman
brothers. suddenly left Honolulu for
the Coast. not stopping to inform the
defendants Of bis departure and leav
ing The paptrs in the case locked up
n his desk
Attorney Cecil Brown was al once.
Engaged 10 represent the interests Of.
the defendants end secured a brief
postponemeut OF the case while the.
papers we're recovered.
The Sudden departure OF Attorney
Davis occasioned the Grossman broth
ers considerable inconvenience and
vas the occasion OF much unfayorable
criticism. the action OF Attorney Da-
yis being considered unprofessional.
Syllabus of Decision.
The syllabus OF the unanimous opin-
ION Of the Supreme Court in this mat
Ter is as follows. "a mortgage with
covenant on the part OF The morgag-
ors 10 cultivate the coffee now or.
hereafter growing on the mortgaged
premises to the satisfaction of the
nortgagee and with further covenant
hat upon breach in the perform
ance or observance OF any one OF the
covenants contained therein, the in
debtciness theyeby secured should
ihereupon become wholly due and
payable gives to the MORTGAGE an
option 20 declare a forfeiture when
ever he may bona fde become disss-
tisdet with the cultivation OF the cot.
fec
The finding OF the trial judge that
mortgagce was not dissatisfied with
the cultivation of the coffee is sus-
tanned and the decree dismissing the
hll is affirmed.
Principal Facts Of Case.
The principal facts OF this case are
as follows. on the 4th day OF May.
1897 defendants were indebted to
Paul Gsonberg and J. T. Haokfeld. part
ners as Haclfeld & Company. for adj
vance made in the sum of sl,75O
In consideration OF this indebted
ness and agreement OF Hsckfeld &
Company 10 make fnrther advances.
as needed during the period OF ten
years next ensuing from said date. in
an amount not exceeding the sum
Of $4,000. the defendants executed
.,,-s-.., -, sf,,,.. ~, ,..cso 90
200 acres. located at Olaa. Puma. Ha-
vail. 1t vas provided that the mort
gage SHOULD be continuing security
FOR all advances made during said
ten years in any sum not TO exceed
tS6.l50. This mortgage was sfterward
assigned 70 the present owner. II
HSckfeld s Company. Limited.
Contained Covenant.
The mortgage contained inter ALA
The following covenant And the
said mortgagors agree that they viii
Keep up the cultivation of coffee nov
or hercafrer growing on said land 70 4
the satisfaction OF the mortgage 4
and pr vided that Il breach be msde 1
ia the performance or observance of /
the agreements. then said indebted-i
ness shall AZ once become wholly I
due and payable"
Advances were then made under i
the morn gage untq March !. 1901. AZ /
which time the Indebtedness secured I
By the mortgage amounted 10 so.
ASKS.
The assignee Of the MORTGAGES re
fused to make further advances on
March I. 1897. and declared that Il
vas mex satisfied with the cultivation /
o. coffee hv defendants aud proceed /
ed 10 foreclose the mortgt ge. The |
defendants denied the breach OF II
covenants. alleging that the plaintiff
s-as not bona hds il its dissstisfSe I
ton Of the cultivation OF coffee
The appellant contends. SAYS the
decision. that the law OF the case Il
settled in this Jurisdiction by thi
court in RAwlins vs.. Soap Works. /.
Haw 2s2 aud Porter vs.. Hawai's
Pork Packing Compsny. II Haw. ass
that urder the law this covenant plae
ed with the MORTGAGES the optic
10 declare q breach OF the covensr
whenever q became dissatisfied With
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