The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-08-17

the same footing as any other suit IN
equity; only the ordinary costs can be
taxed.
The plaintiff should be authorized to
become a purchaser at the sale, and
costs should be allowed him.
MRS. HUNT HELD FORT.
Jas. H. Cummings has sued the Pho
neer Building & Loan Association for
$500 as damages, as follows:
ION or about March 10, 1902. the de-
PENDANT 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 a 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 it could not give
possession, and in order ito 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. H. Harrison, deceased has been
filed in the Circuit Court from H. ].
Harrison to Cecil Brown, executor of
the estate as follows:
Cash, $37713; household furniture,
ETC., 2-16 interest in bark S. c. Allen;
2-16 interest in barkentine Amelia; 1-16
interest in schooner Helene: 1-16 in
terest in schooner Mary E. Foster.
CAMP WANTS HIS MONEY.
Calvin E. Camp, named as one of the
defendants in the action of Louisa I.
Lame VS. NJ D. Monsarrat the First
American Savings & Trust Co. of Ha-
waii, Ltd, Calvin E. 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
ton, but leaves plaintiff to her proofs
therein.
Then he admits the allegation that
he claims an interest in the mortgaged
involved, by virtue of a junior
mortgage made by Monsarrat to him
on October 6, 1902, and recorded Janu-
airy s. 1908, said mortgage being to Sc
cure the sum of $500. This was to Sc
cure the payment of a certain promis-
sorry note, only S22 being paid prin-
pical on the note, leaving due $341.7S.
The defendant asks that he be ordered |
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-
ton 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
E. May McGregor dated June 16, 1901,
fronting on Young street having a
frontage of % feet and being the re-
of the premises conveyed to
Dee by John Grace, October Z, 1890. BY
virtue of such conversion, use and oc-
by the defendant. the plain
lifts claim to be damaged in the sum
Of $780,
LUTTED'S PROMISSORY NOTES.
]. Oswald Lutted has been made de-
'endant in an assumpsit action brought
by c.. w. Booth, to recover the sum OF
S2033. 20.
The plaintiff sets forth that on Nov
ember 2, 1908, Mr.. Lutted executed and
his promissory note agreeing
20 pay to plaintiffs order in four
months the sum of $1,000. The note be-
came due on March 4, 1904, but it is
alleged no part of the principal has
oeen paid.
A second note was made and execut-
ID by defendant on November 2, 1908,
n favor of plaintiff for $1,000; due in
eight months. No part OF this note has
,een paid.
Plaintiff asks for Judgment for s2033.-
20 together with interest, costs and
commissions.
COURT NOTES.
Cecil Brown, trustee, has brought
'uit against JOS. Fernandez and W. c.
Achi for $708.37, balance due on a note
or $1,000 originally made by Fernandez
20 Achi and transferred to Brown by
Achf. The note was secured by mort
gage.
j. w. Gaines, J. M. McChesney and
Alice M. McChesney are defendants in
IN ejectment suit filed by the First
National Bank, the land involved be-
ng on Waikiki beach, adjoining the
property of Liliuokalani. The prem
ses have a frontage of "a feet on Wal
Xxi road and depth of 13S feet to the
beach. The plaintiff bank claims to be
he 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.