The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-11-15
CORPORATION
LAW POINT
Fullerton's Trial
for Malicious
Injury.

Court, written 10y Justice Hnrtwell, has
been rendered in the case OF Gonsalves
a. Co., Ltd, VS.. jacob Watson. defend
ant and Hawaiian Electric Co., Ltd,
garnishee. 1t was an appeal from the
Honolulu District Court which gave
Judgment for the plaintiff for $40 and
costs. The defendant had offered no
evidence but appealed on the point of
law that the allegations of the COM
plant had not been proved, as there
was no proof that the firm of Gonsalves
* Co., Ltd. was a corporation.
The appeal is dismissed. 1t is held
by the Supreme Court that: I'm an
action before a district magistrate by
a corporation evidence that the defend
ant was indebted in the sum claimed
to Gonsalves & Company, Limited, is
evidence that the plaintiff firm is in
corporated; but in a plea of general
denial in such an action it is unneces-
sary to prove the corporate capacity
of the plaintiff"
II. G. Middleditch for plaintin; w.
c. Achi for defendant.
CRIMINAL PROCEEDINGS.
Judge Gear was not prepared yester-
day to decide the point of law raised
in the Waialua riot trial, therefore eX-
cused the jury trying the case further
until this morning.
]. e. Fullerton was put on his trial
for malicious injury alleged to have
been committed in taking possession
of property at Kalihi under foreclosure
of mortgage against Mary Bertelmann.
NJ. F. Prosser, Deputy Attorney Gen
eral, appeared for the Territory, and
George A. Davis for the defendant.
The following jury was empaneled
J. Andrade, A. G. Dowsett, f. III. Arm
strong, Chas. Hummel, j. A. Lave
lave, G. D. Malone. II. p. Kaohi,
George Dillingham;, F. ]. Dutra, Chas.
Merrifield, Carl Harry and ]. ]. Dias.
DEMURRER CONFESSED.
When the assumpsit suit of the First
National Bank of Hawaii VS.. III. A.
Heen and others came before Judge De
Bolt yesterday, c. A. Long for the
plaintiff confessed the demurrer and
asked leave to file an amended bill.
l.. Andrews for the defendants con-
scented and asked for twenty days after
the filing of the amended bill within
which to plead or answer. Both re-
quests were granted. 1t is a suit on
a promissory note of H. A. Heen to
the Oriental Insurance Co. for $1,000,
with interest at per cent. per annum
from November l, 1902.
DECEMBER CALENDAR.
Following is list of the cases for
the December session of the Supreme
Court, beginning on the fifth of that
month:
In re Assessment of Taxes, CONNER
cial Pacific Gable Co. Assessor, APP
pellant. Robertson & Wilder for APP
pellant. Ballou & Marx for taxpayer.
In re Assessment of Taxes, H. F..
Wichman & Co., Ltd. Taxpayer APP
pellant. Smith & Lewis for appoint.
Robertson & Wilder for the Assessor.
T. NJ. Harrison V. j. A. Magoon, ct
al Exceptions from Circuit Court,
First Circuit. Robertson q Wilder for
rlaintiff-appellant. Kinney, McClana-
han & Cooper for defendants.
w. C. Achi V. j. G. Henrique. APP
peal from District Court of North
Kona. Plaintiff in person. ]. NJ. Vivas
for defendant.
Maria Correia V. L. NJ. Baldwin, ct
al. Appeal from District Court of
Wailuku. J. NJ. Vivas for plaintiff
appellant j. l.. Coke for defendants.
Thos. e. Cook, Administrator, V.
Tsuchi Kanai. Exceptions from Circuit
Court, Fourth Circuit. Smith & Par
sons for plaintiff. LeBlond & Smith
for defendant-appellant.
Kona-Kau Tel. & Tel. Co. V. II. T.
Mills. Appeal from District Court, South
Kona. G. f. Maydwel for plaintiff.
Defendant-appellant in person.
NJ. F. Scott V. H. 7. Mills, ct al APP
peal from District Court, South Kona,
Plaintiff in person. Defendant appel
liant in person.
NJ. F. Scott V. ]. Henriques. Appeal
from Circuit Court, Third Circuit
Plaintiff in person.
Kapiolani Estate. Ltd, VS.. L. A.
Thurston. Exceptions from Circuit
Court, First Circuit. Kinney, McClan-
ahan & Cooper for plaintiff-ap appellee.
Castle & Wilmington for defendant
appellant
John Fowler g. Co. VS.. G. w. Mae
farlane and II. Cation. Appeal from
Circuit Judge, First Circuit. Robert
son & Wilder for plaintiff-appellant.
Holmes a Stanley and Kinney, Mo
Clanahan 4 Cooper for defendant j,
w. Cathcart for intervenor
Geo. W. Macfarlane VS.. Robt Cat
ton. Appeal from Circuit Judge, First
Circuit Robertson 4 Wilder for
plaintiff appellant. Holmes a Stan
ley ana Kinney, Mechanism a Coop.
er for defendant.
Territory u Hawaii vs. L. u, Kerr,
Appeal from Judge, First circuit y.
l., Weaver FOR plaintin-appellant Kin
ney. Moclanahan A Cooper for defend
ani-appeiler
Ia Toon or Iso choon ~ Territory
~ Hawaii Error - Circuit Court,
Fourth Circuit. Thaysr a Hemenwny
for piainiin-inrefr0r Attorney Cen
sral for defendant -inssrfor
J. q cpiburn ~ Irene u corngell
VIII ~ prohibition Robertson a
wilder ~ defendant
Alhrft hnfnes W. fhaflss u Collins
Appeal from Judge. firHt cifenit w
A WhliinF ana = D. rlsnans To-
plalniia > J Dunes goa W TnJias.
llns fpr defan1hnlfaplfli4ni