The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-11-05

Mr.. Heitsct ;, manager of the Moana
Hotel, called by the plaintiff testified
| that about the time of the seizure the
bar receipts averaged 500 day and the
| hotel as a whole was taking IN about
| $50 a day. The presence of Admiral
! GLASS; fleet in port materially helped the
business of the Moana Hotel Co. just
| at the time it was interrupted by the
| seizure in question.
After recess the motion for nonsuit
was denied and evidence for defendant
was put on.
ENGLISH HEIRS PAID.
George H. Robertson, administrator
of the estate of Elizabeth Barnes May
| nard, late of Brighton, England, has
| filed his final account with a petition
for discharge. He received $86I2 and
paid out $8574 leaving a balance of $685.
The receipts came from the sale of
| McBryde bonds and c. Brewer & Co
! stock, together with interest and divi
dends prior to sale, and the payments
are shown in rennittances to the heirs
in England and expenses of administra-
ton.
LARGE PROPERTY SUIT.
Elizabeth K. Meyer of Kalae, Molo-
kai, has brought suit in equity to cancel
and set aside a written instrument
against Jesse Makainai Complainant
shows that prior to Sept 3, 1908, her
aunt, Mary Aud of Honolulu, was pos
sessed of certain pieces of land at ka-
lihi, Honolulu, which are described III
the complaint, and that on the day Just
mentioned Mary Aud did. by proper
deed of conveyance, convey unto COM
plair1ant all of the described property.
She shows further that on June 20,
1000, Mary Aud and her husband, the
late William Aud, entered into an
agreement in writing with the respond
ent, Jesse Makainai, that they would
sell the same described property to him
for $50 600 This amount was to be
paid within two years after the expira-
ton of the last lease on the property.
The sum of $1,000 was to be paid on
execution of the agreement. During the
life of the agreement Makainai was to
pay to Mary AUD $500 every year until
the termination of certain leases on the
property. Rentals were to be paid to
William and Mary Aud and not in
cluded in the purchase price. The $500
year was to be credited on the pur-
chase price to Makainai.
During the years 1900, 1901 and 1902
Makainai performed the conditions of
the agreement, but during the years
1893 and 1904 he has utterly failed.
neglected and refused to pay to Mary
Aud, to the complainant, or to any
other person or persons on their behalf,
the $500 year stipulated IN the agree
ment.
Complainant prays that the agreement
may be cancelled for conditions broken.
that Makainai forfeit the moneys paid
as the agreement provides and that she
be given such other relief as the court
deems equitable.
THE Harris ELECTED.
In the suit, for summary possession of
Oahu Railway & Land Co. VS.. Lionel
R. A. Hart and Haleakala Hart, the
following decision has been rendered
This is an appeal from the District
Court of Eva. The appeal of Lionel
R. A Hart was dismissed upon motion,
it appearing from the record that judg
ment in the court below had been rem
dered against him by default. As regards
the defendant, Haleakala Hart, | find
that she is in possession of the premises
in controversy, having taken possession
as tenant from month to month under
H. M. Won Holt, executor of the estate
of Frank Brown, deceased; that upon the
landlords interest being sold by Won
Holt to the plaintiff corporation she
became tenant at will of the plaintiff,
and that the statutory notice to vacate
has been given her by the plaintiff, and,
therefore, find for the plaintiff for a
restitution of the property with costs.
DISCHARGE OF GARNISHEE.
Judge Robinson, after holding an
examination of the garnishee in the suit
for rent brought by Otto S. Meyer and
Harvey R. Hitchcock against the Kama
10 Sugar Co., Ltd. defendant, and Ar
thur Mouritz, garnishee, made an order
discharging the garnishee. 1t appeared
TO the court that at the time of service
of said summons in said action upon
said garnishee, the said A. Mouritz had
not nor has he now in his possession
or control any money or property be-
longing to the Kamalo Sugar Co., Ltd,
defendant above named, and was not
and is not now indebted to said defend
ant, and that said A. Mouritz, gar
A. Davis appeared for plaintiffs, and ].
Lightfoot and Ballou and Marx for
defendants.
The suit was brought with the object
of attaching for payment of rent claim
Ed, the purchase price of the Mapulehu
land bought by DR.. Mouritz at the as
signee's sale of the Kanla1o Sugar Co.'S
property.
DEAD HORSE
Execution for $4,000 in the suit of
John Ena VS.. Honolulu Investment Co.,
Ltd, is returned as unsatished, due and
diligent search for any personal or real
property which the defendant might
have within the First Judicial Circuit
having resulted in the finding of nothing.
COURT NOTES.
Judge Robinson denied the motion in
the eJect1nent suit of Solomon Kahawaii
VS.. ID. Kukea and Ku to quash the alias
summons issued to XII
Judgment on default has been given
by Judge Robinson against defendant
IN the assumDsit suit of John Charles
Johnston VS.. w. c. Achi, awarding the
plaintiff SI2o7.55 damages and his. costs
taxed at $6Io3
Another stipulation in the case of
B1erce vs.. Hutchins ct al, relative to