The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-31

instead of attempting .to harass, i'm
pede and embarrass plaintiff in the
matter of the development of the said
land and the sale thereof, has at all
times co-operated With plaintiff and as
sisted him by every means in his pow
err When plaintiff had expended, ac-
cording to his own statement, over
$1,000 is the Improvement of the
property and had forfeited all right TO
conveyance under the contract, defend
ant without consideration extended the
term of the contract from time to time
for the purpose of enabling plaintiff TO
perfect his arrangements and to sell the
lots according TO his plans, by which
he repeatedly stated to defendant that
he expected to make several hundreds
of thousands of dollars.
LENIENCY OF DEFENDANT.
Booth says he forebore the enforce
ment of the payment of interest on the
mortgage for a year and a half, until
the amount due defendant amounted to
more than $4,000. A letter from defend
mt to plaintiff dated Sept. 16, 1903, is
quoted in which bill for interest was
enclosed amounting to S4057.39 and
Desky is notified, SO that he might have
ample time for preparations, that on
February Is, 1904, Booth should be com
PEELED to insist upon prompt payment
of interest and, in default, to take legal
steps.
Several instances are given in which
defendant yielded to the Importantly
OF plaintiff, accepting sums far below
what the terms of mortgage called for
to release lots sold. In regard to "a
sale made TO A. Young, it is alleged,
plaintiff represented that owing to some
confusion about area he was only get
ting S12, 900 down out of the agreed price
OF $4,000, yet Booth afterward learned
that the deed to Young '.recited a con-
sideration of $4,000 as having been paid
on that very day that plaintiff told
this defendant that he received only
$12 OOO," yet defendant had never yet
received the balance of $1,000 promised to
him when the price should be fully
paid.
COMPROMISE ACCEPTED.
Another allegation by defendant con-
tains u letter he wrote TO plaintiff ac-
cepting his proposition that if he raised
the amount due on the mortgage less
$4,000, Booth would forgive him that
sum of $4,000 on account of Desky's
distressed financial condition.
Defendant gives reasons at length to
show that it would be impracticable to
sell lots separately under foreclosure,
one being that the water rights went
with the whole. lie denies the right of
plaintiff to having the mortgage re-
formed.
SUSPENDED DIVORCE SUIT.
With some appearance of possible rec
onciliation between the parties, the
divorce suit of Mary d. Bertelmann
against Frank c. Bertelmann is sus-
pended. On March u Judge De Bolt
the husband to pay the wife
IS week temporary alimony, also
costs of court and, within twenty days,
an attorneys fee of $50 for her lawyer.
F. NJ. Brooks appeared for the libel
liant, and E. a. Douthitt for the libel |
lee. On Monday last Bertelmann was
before the court under an order to show
cause why he should not be adjudged
guilty of contempt for not making pay
nents as ordered. He said he had been
unable to raise the money, while he had
10 support his children. Several efforts |
to get work in town failed and he had
written to a brother for money, which |
he expected to get next day by the |
steamer Mauna Loa's mail.
Mr.. Brooks brought up the case the |
a
following morning on a statement con-
serning reconciliation and the court, !
after questioning man and wife on that |
subject, continued the case until the |
afternoon. When the hearing was !
resumed Mr.. Brooks stated that Hbellee |
rad promised to obey the order of the |
court regarding support of his wife. |
md not to assault her again. Further, |
counsel said that while nbellant did |
1ot desire to lose her right by dis |
Missing the libel at that time she wish
ID to have the case stand until hbellee |
lad fulfilled his promises.
Judge De Bolt thereupon ordered the |
,ase continued indefinitely.
SUPREME COURT.
Yesterday argument in Henry Smith
he Supreme Court.
The case of E. H. F. Wolter VS.. z. H. |
arising out of the construc-
ion of the Masonic Temple in 1928,
vas also argued and submitted.
COURT NOTES.
Judge Gear had another day of the
injunction suit of Sidney NJ. Ballou
,gainst the Mutual Telephone Co, Ltd.
ir. Ballou himself went on the witness
tand in the afternoon.
In the case of Pacific Hardware Co.
s. YIN Jim Kong ct al, Magoon and
enter a special appearance
or defendant Lee Chu, moving to set
side service of summons on the ground |
hat it did not appear from the return
hat service was had upon any defend |