The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-29
CLAIM
IS DECIDED
Judge Dole Makes
Disposition of
Award.

Judge Dole, in the Federal court yes
terday morning, adjudicated one of the
fire claim cases brought for the pur-
pose of deciding to whom certain
awards of the Fire Claims Commission
should be paid. William F. 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 On
Kee, sometimes called Tong On, and
NJ. S. Grinbaum & Co., defendants in
the suit now decided.
The amount of the award in ques-
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 s15l.05 and s3s7.0S, a
total of s54s.13, against the awardee.
Tong On Kee, with e. A. Douthitt as
his counsel, came into court with
request to have the trust cancelled.
He claimed to have paid all of his
debts excepting what was due M. 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 it to be paid, besides the Grin
baum debt, fee of 800 to District
Attorney Breckons, an attorneys fee
of $3.50 to M. 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,
but Judge Dole held that the Grin
baums had been put to considerable ex-
pense, lost whatever commission they
might have made If the trust were not
terminated and had obstacles placed in
their way by the other defendant.
Therefore Tong On Kee ought to bear
the expense of proceedings besides the
attorneys fee, which the court regard
ed as a reasonable one.
DIVORCE SUITS.
Judge De Bolt yesterday signed
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 a1lega-
lions 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-
firning the sale, under foreclosure of
fcroo in, hn emit of ~
sett, trustee, vs. Grace A. Brown. The
property was sold for $4,000, of which
the net amount applied to the debt was
s201465, and the order included de-
ficiency Judgment entered against the
respondent for. s97O.S5.
PARTNERSHIP CASE.
Judge De Bolt yesterday morning
further heard the bill for dissolution
of partnership of Albert Barnes VS..
Charles r. Collins. w. A. Whiting and
c. F. Clemens for plaintiff; w. T. Raw
Inns for defendant On the resting of
plaintiff a motion by defendant to dis
miss the bill was denied. More evil
dence being taken the case was con-
tinued till next Saturday.
ANSWER FROM MINNESOTA.
James healiHS answers IFOIl HAST
| ings, Minnesota, the suit for parti-
| ton against himself and Robert Keat-
! ing brought by Frances Heating,
| widow of deceased, with relation to the
estate of the late William Heating. He
states that the parents of the deceas-
| ed, Robert and himself are dead, and
| that his brother William left no broth
ers nor sisters, nor living issue of any
| brother or sister, except the two de-
| PENDANTS named. He consents that the
real property belonging to the estate
of his late brother be sold az prayed
for and distributed to the heirs at law
as provided by the statute of descent.
AN APPEAL.
| Judge Robinson denied the motion
| for a new trial of Kapiolani Estate,
Ltd, VS.. J. G. Faria. H. E. Cooper
gave notice of appeal to the Supreme
| Court and twenty days from the com
pletion of transcript of evidence was
allowed to file exceptions.