Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-11-08
TWO APPEALS DECIDED
HIND VS.. Low AND
JAMES H0ARE ESTATE
JUDGE DE BOLT WILL NOT ToLER
ATE pElAYs-sEvERAL GRIM.
INAL CASES ARE DIS.
POSED OF.

The Supreme Court has affirmed the
decision of the Circuit Judge in the case
of Hind VS.. Low, which ordered the
dissolution OF the partnership between
the parties. The matter OF accounting
is referred back to the Circuit Judge
Of the First Circuit. Chief Justice
Frear is author Of the decision, Of
which the following is the syllabus:
"A partnership OF indefinite dura.
tion may be dissolved at viii and one
formed for a specified period may be
dissolved in equity for cause, and prob
the expiration of such period, though
the one so dissolving II will be habit
to an action for damages for breach
Of contract and may be denied assist
ance in equity.
But II the agreement Of partnership,
though specifying definite term. also
provides that the partnership may be
dissolved at the will of any partner at
any time, any partner may so dissolve
IL at will without liability to action for
ance in equity in respect to an account
ing and winding up. The agreement
in question is held TO be of this charac-
ter.
THE court should not interpolatc
words in contract unless necessary to
effectuate the intention of the parties
as gathered from the whole instrument.
IAN agreement to arbitrate which is
general and does not make submission
tc arbitration condition precedent to
the right to sue does not prevent suit
without first submitting to arbitration"
1t is also decided by the Supreme
Court, in an opinion written by JUS
tice Perry. that the estate OF the late
A. Rosa is responsible for the property
OF James Hoare, a minor for whom the
deceased was guardian. The court can
not find that the accounting by the
master Is inaccurate, saying that the
data were imperfect owing to the no.
glect Of the guardian. The syllabus
reads:
IF guardian mixes the trust funds
with his own and keeps no separate
account which is complete, reliable or
satisfactory. he must be charged with
interest upon money which he permits
to lie idle for an unreasonable length
of time.
A guardian is chargeable not only
with rents actually received by him
from the property Of his ward but also
with such additional rents as he would
have obtained had he faithfully and
discharged his duties.
While guardian should be allowed
all sums reasonably necessary for the
maintenance Of the ward and paid by
him for such purpose out OF the in
come ON the estate, still, where 1t ap-
appears that such payments were made
a deceased guardian. not at regular
intervals or regular amounts, but
only irregularly as necessity required,
the guardians estate cannot, upon an
accounting by the executor OF the will
Of the deceased guardian, be allowed.
In addition to payments shown to have
been actually made. a lump sum for
further payments not shown to have
been made but based merely upon con-
lecture.
"A guardian who is builty OF gross
in the performance OF his
duties is not entitled to commissions
Judge De Bolt announced yesterday
that attorneys must be ready when
their cases were called, and TO EN-.
phasize this rule he dismissed two
charges in which the Terri.
tory was not ready because Of the alb
sence of the prosecuting witness. These
were the two charges against Masuda,
o Japanese, alleged to have committed
an assault with a dangerous weapon
upon Yukataro and Murakami. Assist
ant Attorney General Douthitt an
nounced that he could not proceed TO
trial because OF the absence of the
prosecuting witnesses. who. he said,
had mysteriously disappeared. He in
timated that the defendant had "nxed"
the witness and asked the court for 4
continuance In order to send an Off
Ger after him. Mr.. Brooks opposed the
saying he had been on