The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-08-19


fendant herein was the owner Of two
certain mortgages dated September "a,
1896. and August %. 1877, made by and
between one Jas. Hunt as mortgagor
and the defendant as mortgage on a
certain piece of property situated at
Punahou. containing 1857 square feet.
on March 10. 1902 the defendant ex-
ercised the power of sale and sold at
public auction the land and premises
for s2525. The defendant agreed that
upon the payment Of the purchase
money It would give immediate pos
session TO whOmsoever should become
the purchaser. on March "a, 1902, the
plaintiff paid to defendant the sum of
s2525. the defendant delivering deed
to the premises to the plaintiff, but the
defendant is alleged not to have acted
in good faith and did not deliver pos
session.
The premises had previously been In
possession of one Lausana Hunt and
defendant we'll knew 1t could not give
possession. and in order to Secure pos
session the plaintiff had to institute
proceedings To- eject her. The plaintiff
was deprived of the use of said land
and claims to be damaged in the above
mentioned sum.
OWNED INTEREST IN SHIPS.
A receipt for property of the estate
of j II. Harrison, deceased has been
filed in the Circuit Court from Fl. j.
Harrison to Cecil Brown, executor of
the estate as follows:
Cash, S37713; household furniture,
etc. 2-16 interest in bark S. c. Allen
2-16 interest in barkentine Amelia; lie
interest in schooner Helene: lie in
terest in schooner Mary l.. Foster.
CAMP WANTS HIS MONEY.
calvin f. Camp, named as one of the
defendants in the action of Louisa l,
Laine VS.. NJ. u. Monsarrat. the First
American Savings &; Trust Co. of Ha-
wall, Ltd. Calvin T. Camp, Walter
Hoffman and the First National Bank
of Hawaii answers as follows:
+ That he has no knowledge of the
matters and things set forth in the petit
tion. but leaves plaintiff to her proofs
therein.
Then he admits the allegation that
he claims an interest in the mortgaged
property involved, by virtue OF a junior
mortgage made by Monsarrat to- him
on October 6. 1902, and recorded Janu-
ary 6 1908 said mortgage being to Sc
cure the sum of $4O0. This was to Sc
cure the payment of n certain promis-
sorry note, only S22 being paid as prin-
pical on the note, leaving due $341.7S.
ha Jafa 1up NJ l.s ha hn
to procure the amount due.
WANT DAMAGES FROM DEE.
Suit has been filed by j. F. Hum
burg. trustee for Marie L. Hamburg
VS.. Lawrence H. Dee to make restitu-
tion of property on Young street which
they allege has been unjustly convert
ed to Dee's own use. The property is
described as being the same premises
that were conveyed to Dee by deed of
f. May McGregor dated June 16. 1901
fronting on Young street having
frontage of 20 feet and being the re-
mainder of the premises conveyed to
Dee by John Grace. October Z. 1890. BY
virtue of such conversion, use and oc-
cupation by the defendant. the plain
| tiffs claim to be damaged in the sum
of $500.
LUTTED'S PROMIsSORY NOTES.
| j. Oswald Lutted has been made de-
fendant in an assumpsit action brought
| by C, w. Booth, to recover the sum of
$2O3S.2O
The plaintiff sets forth that on Nov
ember 2, 1908, Mr.. Lutted executed and
delivered his promissory note agreeing
to pay to plaintiffs order in four
months the sum OF $1,000. The note be-
came due ON March A. 1904. hut it is
alleged no part of the principal has
been paid
second note was made and eXecut-
ed by defendant on November 2, 1903,
/ in favor of plaintiff for $1,000. due in
eight months. No part OF this note has
been paid.
| Plaintiff asks for judgment for s2033.-
20 together with interest costs and
commissions.
COURT NOTES.
Cecil Brown, trustee, has brought
suit against Jos. Fernandez and W. c.
Achi for $10S,S7, balance due on, note
for $1,000 originally made by Fernandez
to Achi and transferred to Brown by
Achi. The note was secured by mort
gage.
J. w. Gaines, j NJ. McChesney and
Alice NJ. McChesney are defendants in
an ejectment suit filed by the First
National Bank, the land involved be-
ing on Waikiki beach, adjoining the
property of Liliuokalani. The prem
ises have frontage of 81 feet on Wal
kiNi road and a depth of 13S feet to the
beach. The plaintiff bank claims to be
the lessee of the property and that the
defendants have wrongfully taken pos
session. Damages in the sum of $1,000
are claimed. The Gaines are merely
| tenants.
The Kapiolani Estate Ltd, has been
sued by the Bank of Hawaii Ltd. for
$253O6i, comprising the principal and
interest on note, ON which $229lO has
been paid on account. The note was
signed by ID. Kawananakoa, president
and j, +. Colburn, treasurer.
David kawananakoa is defendant in
an action brought by w. q. Middle
ditch, trustee in bankruptcy of the