The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-06-21
PARTNERSHIP
LAW DEFINED
MiIder Language
Adopted by
Court.
Dr.. NobIitt Turns From
EscuIapius to
Blackstone.
Judge Little Erred in Granting a
Nonsuit-Judge Robinson
Vacates Judgment.

"The exceptions are sustained, the
| judgment reversed, a new trial order
| ed and the case RENTED to the Cir
| cult Court
Such is the conclusion of a unani-
nous opinion of the Supreme Court,
written by Justice Perry, in the case
of Milton V. Holmes VS.. Manoel F.
| NIello, an action of assumpsit for $677.-
50. Plaintiff excepted to Judge Titles
! granting of a nonsuit at the close of
his case. The appellate court finds
| that although much evidence sought to
be introduced by the plaintiff was ex-
| Guided. still sufficient was admitted to
have justified the jury in finding that
| the plaintiff advanced money to pay
defendants share of expenses, in a
cane-planting partnership to which
parties both belonged with eight 9th
ers, from time to time while the first
crop was maturing, and that such adj
vaces were made in accordance with
prior understanding. 1t is held in
effect that the circumstances take this
case out of the ordinary limitations OF
partnerships, the syllabus of opinion
reading thus:
An action at law lies by one part
ner against another partner to re-
cover money paid for the use OF the
defendant to meet his share of ex-
penses of the partnership. such ad-
vances being in pursuance Of an agree
ment made before the formation OF the
partnership and in order to launch the
partnership.
Smith & Parsons and Thayer & He
menway for the plaintiff; Humphreys,
Thompson & Watson for the defend
ant.
ROAST MODIFIED.
The Supreme Court, since fling its
decision in the Jose Antonio de Silva
estate matter, has modified the langu-
age of the document. Instead of say
ing the record from Judge Gear teens
with irregularities, if nothing worse"
the latter clause now reads, IF not
reversible errors" There are other
verbal changes dulling the edge Of the
criticism passed upon the court below.
1t will be remembered, Justice Gal |
braith dissented from his colleagues in |
this case.
JUDICIARY NOTES.
Defendants are given ten days more |
to fill their exceptions in the case Of |
Kalamazoo VS.. Wharton and Waialua |
Agricultural Co. In the damage suit |
of Fuller VS.. Rapid Transit Co, the de- |
PENDANT has five days more for the |
same purpose.
Carl r. Peck has sent notice of APP |
pearance from San Francisco in the |
divorce suit entered here by his wife, |
Mary L. Peck.
Judge Robinson has vacated judg- |
ment and proceedings in the equity |
case of Hackfeld VS.. Strauch, Mendon-
ca and Markham. without prejudice, on
motion of plaintiff.
A remittitur from the Supreme 10
the Circuit Court in the case of Chez
Kit VS.. Lee Lung has been filed.
Domingos F'erreira's appeal from
conviction of outrage upon one under
age was argued and submitted before
the Supreme Court yesterday.
DOCTOR TURNS LAWYER.
Dr. w S. Noblitt has taken to the
law, not as client but practitioner
Judge De Bolt has granted his applica-
ton for a license to practice law in
the district courts and before circuit
judges at chambers on appeal.