The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-19

1t appears from the statement of Sum
ner, also annexed, that the old mar
supposed he had signed a contract fol
the collection of the check for $4s,02;
| only. Davis wrote the instrument and
got Mr.. Sumner to sign it, which the
latter did trustfully. For reasons
known only to himself Mr.. Davis does
not seem to have given his client a
copy of the contract as a guarantee
against subsequent alterations in the
text. When Davis failed to cash the
check, Mr. Sumner considered the
agreement at an end. There follows the
text of the contract and the signed
statements, taken down in the form of
interviews, of John K. Sumner and his
nephew, wyllfe Davis:
CONTRACT-DAVIS VERSION.
ize Geo. a. Davis to act for me as my
counsel in all suits and actions in
equity and at law now pending in the
courts of the Territory of Hawaii and
especially in the suit in equity now
pending between the Bishop of Pan
opolis plaintiff and John K. Sumner de-
PENDANT, the plaintiff praying to be dis
charged as trustee. And the said Geo.
A. Davis is hereby authorized to take
any and all steps that may be neces-
sary to obtain possession of the sum
of s4S, OPS. 90 now on deposit in Bishops
hereby irrevocably appointed my attor-
ney-in-fact as we'll as of record to rep
resent me in all litigation and to collect
and receipt for all monies due or to be-
come due me in this Territory, and to
bring actions at law or suits in equity
to obtain judgments and DEGREES for
the purpose of establishing my rights,
and 1 hereby agree to pay him the sum
of three thousand dollars for his SER
vices at any time when he may demand
the same, and to pay all costs the said
Geo A Davis binds himself to do all
that may be necessary in the premises
and to work diligently and faithfully
for the purpose of establishing my
rights. All other powers of attorney
given at any time previous are hereby
revoked. Dated, signed and sealed at
Honolulu this 1st of December, a. D.
1902.
"(Sgd) JOHN K. SUMNER. Seal.
Signed and sealed in the presence of
"(Sgd) P. H. BURNETTE."
MIR. SUMMERS STATEMENT.
'Mr. Davis. came out to the house in
Kalihi one evening after the money was
deposited in Bishop & Co.'S bank. He
said he could get the $4SO25 out of the
bank, and I told him he couldn't. He
said that he could get it out and would
prove it if 1 gave him a check on the
bank. 1 told him then that if he did 1
would pay him well, and then he said |
I will do it for three thousand dol !,
lars I said all right because I wanted !
the money right away and the children !
were making trouble. Then he said !
he wanted a contract and then he wrote
one out which I signed. He was to get
the $4,000 for drawing the money from
the bank, and the next day he tried but
couldn't get it. Then he tried again but
never get it, so it's all pau now. 1 did
1T mako any contract about this case,
[ was only about getting the money out
If the bank. Wyllie was there and he
Knows all about it.
IF he got the $4S,O25 the next morn
ng at the bank I would have given
linn the $4,000, but he didn't get it, and
was pau"
IT hereby certify that the above state
nent is correct.
JOHN K. SUMNER"
WILLIE DAVIS'S CORROBORA-
TION. II
Mr.. Summers contract with George
Davis was for $1,000. He was to get
he money when he drew the $4S,025
rom the bank and when he didn't do
hat the thing was off. Davis came out
o the house in Kalihi and told uncle
hat he could draw the money out of
he bank. This was after the Ellises
lad tied up the money and Bishop &
20. sent out their letter. Mr.. Davis
vas positive he could get the money
nut of the bank SO Mr.. Sumner wrote
ut the check for the s4S,O2 and went
own with Mr.. Davis the next morning
o cash it. The check was presented to
he paying teller and ne told Mr.. Davis
hat the money was in dispute and
ouldn't be paid. Then Mr.. Davis went
o all the cashiers but none of them
would pay the money. and in the end
Ir. Damon was called out and he said
he money was in dispute and it could