The Hawaiian gazette., 1903-12-01
FIRE CLAIM
IS DECIDED
Judge Dole Makes
Disposition Of
Award.

| Judge Dole, IN the Federal court yes
terday morning, adjudicated one of tn
fire claim cases brought for the pur
pose or deciding to whom certain
awards of the Fire Claims Commission
should be paid. William +. MacLen
nan, the agent of the United States
Treasury sent here to disburse the mil
! lion dollars voted by Congress, is the
| plaintiff in these cases and Tong or
Kee, sometimes called Tong on, and
NJ. S. Grinbaum & Co., defendants In
the suit now decided.
The amount of the award in uues-
ton is $4456.56 and Tong on Kee made
the Grinbaum company his trustee for
the benefit of his creditors, the firm
holding claims OF $151.05 and sS97OS. a
total of SASH. against the awardee.
Tong On Kee, with Il. A. Douthitt as
his counsel, came into court with n
request to have the trust cancelled.
He claimed to have paid all OF his
debts excepting what was due NJ. S.
Grinbaum & Co., but this firm, rep
resented by Holmes & Stanley, set up
that he still owed debts in China
Tong on Kee produced proof that these
were paid
Judge Dole ordered the full amount
of the award to be deposited in court,
out of 1t to be paid, besides the Grin
baum debt, n fee of 800 to District
Attorney Breckons, an attorneys fee
of $3.50 to NJ. S. Grinbaum & Co. and
costs of court, the balance to Tong on
Kee.
Mr.. Douthitt thought the costs ought
to be divided between the defendants,
hut Judge Dole held that the Grin
baums had been put to considerable ex-
pense, lost whatever commission they
might have made II the trust We're not
and had obstacles placed in
their way by the other defendant.
the expense of proceedings besides the
attorneys fee, which the court regard |
ed as a reasonable one.
DIVORCE SUITS.
Judge De Bolt yesterday signed a
decree OF divorce for Ann Perry
against Antoine Perry. The custody of |
the two minor children is given to the
mother.
Shiyolei Nakamoto admits the allega-
tons of his marriage and there being !
one child thereof living. but denies all !
the other allegations in his wife Yoni's |
libel for divorce.
DEFICIENCY JUDGMENT.
Judge De Bolt signed an order con-
firming the sale under foreclosure of
in the suit OF John NJ. Dow !
sett, trustee, vs.. Grace A. Brown. The !
was sold for $500, of which |
the net amount applied to the debt was |
$201465, and the order included a de-
fciency judgment entered against the !,
for s97O.S5.
PARTNERSHIP CASE.
Judge De Bolt yesterday morning
further heard the bill for dissolution |,
of partnership of Albert Barnes VS..
r. Collins. w. A. Whiting and |,
c. F. Clemens for plaintiff; w. n. Raw
Inns for defendant. On the resting of |
plaintiff n motion by defendant to dis
miss the bill was denied More evil
1ence being taken the case was con-
tinued till next Saturday.
ANSWER FROM MINNESOTA.
James Heating answers from Hast
ngs, Minnesota, the suit for parti-
ion against himself and Robert Keat-
ng brought by Frances Heating,
widow of deceased, with relation to the
state of the late William Heating. He
states that the parents of the deceas-
ID, Robert and himself are dead, and
hat his brother William left no broth
rs nor sisters, nor living issue of any
brother or sister. except the two de-
named He consents that the
cal property belonging to the estate
f his late brother be sold as prayed
or and distributed to the heirs at law
s provided by the statute of descent.
AN APPEAL.
Judge Robinson denied the motion
Dr. a new trial of Kapiolani Estate.
It'd, VS.. ]. G. Faria. ii. T.. Cooper &.
ave notice of appeal to the Supreme
curt and twenty days from the COM
letion of transcript of evidence was
llowed to file exceptions.