The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-11-04
F|TCH'S FfE
UP AGAIN
Never Paid but Charged
All the Same to
Rebecca.

II. a. Douthitt. master In chancery,
has made a report on the anal account
OF J. Alfred Mngoon. guardian OF Re-
beoca Pance IIumeku, a spcndthrift. In
the account the ward II charged with
$3.50. counsel fee to Thomas Fitch. The
master regards this charge as peculiar
and gives history OF the item A Cir
| cult Judge on October %. 1902. allowed
| Mr.. Fitch a fee OF $3.50 for his services
on behalf OF the ward in trying to
terminate Mr.. Magoon's guardianship.
| The suit was unsuccessful When the
order was made Mr.. Magoon gave Mr..
Fitch his check on Bishop 4 Co., bank
ers. for the amount, purposely making
1t payable solely and individually to
Mr.. Fitch. The check was dated Octo-
Der 20 1902. and post-dated by the
guardian to make 1t payable on De-
cember S, following. When Mr.. Fitch
took the check to the bank for pay
ment the bank would not pay 1t be-
cause 1t would not mature until De-
cember 5. On the day that the check
was given Mr.. Fitch had taken 1t back
| to Mr.. Magoon's office, where at his
request Miss Low, Mr.. Magoon's book
keeper, without her employers knowl-
edge changed the check so as to make
1t payable to Mr.. Fitchs order.
On November is, 1902, Mr.. Fitch
negotiated loan OF s124525 from Bish-
op & Co.. on his promissory note with
the Magoon check as collateral secur-
ity. On November 10 an application
was made to the court on behalf of the
ward to set aside the order allowing
Mr.. Fitch the fee of $3.50. Upon hear
ing of this application Mr.. Magoon
stopped payment OF the check Mr..
Fitch was absent In the States while
the application of Rebecca to cut out
his fee was pending and on December
the bank protested the check for
non-payment of the note. Mr.. Fitch
having returned his note was redeem
ed on February 3 and the check re-
turned to him. Afterward he Endorsed
and transferred the check to Harvey
Carpenter of Los Angeles California.
This was 81 days after maturity of the
check and AZ days after payment was
stopped by Mr.. Magoon, 1t having been
impossible for Mr.. Fitch to transfer
the check In the meantime. Mr. Car
penter brought suit for recovery of the
amount against Messrs. Magoon and
Fitch. This suit is now pending and It
Is for this reason that Mr.. Magoon
retains In his hands the sum of $3.50
belonging to the ward. claiming the
right to reimburse himself out of the
wards estate IL he be made responsible
for the check.
On April 3, 1908. the order allowing
the fee OF $3.50 was set aside by the
court that made 1t on the previous Oc-
tober %. 1T must follow, them" Mr..
Douthtt says, that there was never
any order in the premises, so far as
Mr.. Fitch's compensation was concern
ed. But the fact remains that the
check made payable to Mr.. Fitch per-
sonally was changed in Mr. Magoon's
office by one employed therein, but
without the sanction or consent OF Mr..
Magoon. If the check had not been
changed, its negotiability would have
been destroyed and the present con-
dition of affairs would not have arisen.
If anyone should lose by this somewhat
singular transaction, 1t should not be
the ward for surely she took every
possible measure to preserve her es-
tate. / am of the opinion, therefore,
that this $3.50 should be included in
the inventory of the estate of the ward,
and that the same Is chargeable
against the guardian, and 1 SO recon-
mend"
Another item Is that of sos, paid by
the guardian for transcript of evidence
on the wards appeal from an allow
ance of $3.50 to Mr.. Magoon for legal
services to her. The Supreme Court
cut Mr.. Magoon's fee down to $780,
thus saving Rebecca $1,000 Mr. Douthitt
recommends that, as the outcome of
the proceedings benefited her. the ward
should stand the cost of transcript.
third matter considered Is that of
n fire claim award of 1870 to Rebecca,
subject to claims of $500 each allowed
to two Chinese tenants OF the ward for
buildings. There Is a balance of $780,
90 OF the award In the First National
Bank belonging to the ward, stand
ing idle and not drawing interest. It
Is the opinion of the master that this
sum should be withdrawn and put out
at interest for the benefit of the
ward.
award.
Mr.. Douthltt lastly finds that Mr..
Magoon does not account for t7I6l that
was recommended In the previous MAJ
ter's report 10 be surcharged 10 him.
lie finds the vouchers and charges FOR
commissions correct, and recommends
the approval Of the account subject tn
the particulars above specified
SORE MUSCLES.