The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-11-03
FI1CH'S FEE
Up AGAIN
Never Paid but Charged
All the Same to
Rebecca.

4. A. Douthitt, master in chancery,
has made a report on the final account
OF j. Alfred Magoon, guardian of Re-
becca Panee Humeku, a spendthrift. In
the account the ward is charged with
$3.50, counsel fee to Thomas Fitch. The
master regards this charge as peculiar
and gives history of the item. A Cir
cult Judge on October %, 1902, allowed
Mr.. Fitch a fee of $3.50 for his services
on behalf of the ward in trying to
terminate Mr.. Magoon's guardianship.
The suit was unsuccessful When the
order was made Mr. Magoon gave Mr..
Fitch his check on Bishop & Co., bank.
eEs, for the amount, purposeiy making
it payable solely and individually to
Mr.. Fitch. The check was dated Octo-
Der 20, 1902, and post-dated by the
guardian to make it payable on De-
cember 5, following. When Mr.. Fitch
took the check to the bank for pay
fnent the bank would not pay it be-
cember 8. On the day that the check
was given Mr. Fitch had taken it back
to Mr.. Magoon's office, where at his
request Miss Low, Mr. Magoon's book
keeper. without her employers knowl-
edge changed the check so as to make
it payable to Mr.. Fitch's order
On November IS, 1902, Mr.. Fitch
negotiated a loan of $1245.25 from Bish-
op & Co., on his promissory note with
the Magoon check as collateral secur-
ity. On November 10 an application
was made to the court on behalf of the
ward to set aside the order allowing
Mr.. Fitch the fee of $3.50. Upon hear
ing of this application Mr.. Magoon
stopped payment of the check. Mr..
Fitch was absent in the States while
the application of Rebecca to cut out
his fee was pending and On December
s the bank protested the check for
nom payment of the note. Mr.. Fitch
having returned his note was redeem
ed on February 8 and the check re-
turned to him. Afterward he Endorsed
and transferred the check to Harvey
Carpenter of Los Angeles, California.
This was 81 days after maturity of the
check and AZ days after payment was
stopped by Mr.. Magoon. it having been
impossible for Mr., Fitch to transfer
the check in the meantime. Mr.. Car
penter brought suit for recovery of the
amount against Messrs. Magoon and
Fitch. This suit is now pending and it
is for this reason that Mr. Magoon
retains in his hands the sum of $1250
belonging to the ward, claiming the
right to reimburse himself out of the
wards estate if he be made responsible
for the check.
On April 3, 1908 the order allowing
the fee of $3.50 was set aside by the
court that made it on the previous Oc-
tober o. st must follow, them Mr..
Douthitt says, "that there was never
any order in the premises, so far as
Mr.. Fitch's compensation was concern
ed. But the fact remains that the
check made payable to Mr.. Fitch per
sonally was changed in Mr.. Magoon' S
Office by one employed therein, but
without the sanction or consent of Mr..
Magoon. If the check had not been
changed, its negotiability would have
been destroyed and the present con-
dition of affairs would not have arisen.
If anyone should lose by this somewhat
singular transaction, it should not be
the ward for surely she took every
possible measure to preserv. her es-
tate. I am of the opinion, therefore,
that this $1250 should be included in
the inventory of the estate of the ward
and that the same is chargeable
against the guardian, and I SO recon-
mend.'
Another item is that of $55, paid by
the guardian for transcript of evidence
| on the wards appeal from an allow
ance of $3.50 to Mr. Magoon for legal
| services to her. The Supreme Court
cut Mr.. Magoon's fee down to $3.50
| thus saving Rebecca $1,000. Mr.. Douthitt
| recommends that, as the outcome of
| the proceedings benefited her, the ward
should stand the cost of transcript
| A third matter considered is that OF
a fire claim award of 1870 to Rebecca,
| subject to claims of S400 each allowed
to two Chinese tenants of the ward for
| buildings. There is a balance of $685.
| 90 of the award in the First National
Bank belonging to the ward, stand
| ing idle and not drawing interest. II
| is the opinion of the master that this
sum should be withdrawn and put out
| at interest for the benefit Of the
| ward.
| award
| Mr.. Douthitt lastly finds that Mr.
Magoon does not account for s77.61 that
was recommended in the previous mas
| ter's report to be surcharged to him
He finds the vouchers and charges fol
| commissions correct, and recommends
the approval of the account subject tc
| the particulars above specified.