The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-03-23

lFIC COMM ERC1AL ADV Ii
that they discussed interest between
them and that defendants excuse for
not computing interest was the late
ness of the hour. The interest would
| have been $225.S3. and plaintiffs suit
was for $723.63, being debt and inter-
| est added.
| In his evidence, defendant was posi-
| tive that interest was not mentioned
on the occasion. Be this as it may.
plaintiff returned on the 18th and ac-
| cepted defendants check on Bishop &
Co. for $497.80. No receipt was given
nor anything then said about interest.
| The check being presented was not
paid for want of funds. Defendant
explained in court that, when the check
was given, he informed plaintiff that
he had no funds in the bank but new
ertheless plaintiff insisted on his giving
of the check.
The court finds that the acceptance
of the check, under all the circumstan-
ces, amounted to a settlement of the
account between them and that such
was the understanding of the parties
at the time. Quoting the statute pro-
viding that interest shall be allowed
for money due on the settlement of an
account from the day on which the
balance is ascertained, the court gives
judgment for plaintiff as above stated.
namely. for the amount of the original
debt and interest from date of settle
ment.
MORE STRICTNESS NOW.
w. L. Stanley, S. H Derby and w.
w. Thayer are appointed by Judge De
Bolt as a committee to examine into
the qualifications of So Yong on his
application for renewal of license to
practice law in the District courts Of
the Territory.
Judge De Bolt says the course he
has thus taken prevails in Washing
ton. 1t is hoped, by requiring a thor
ough examination of candidates at the
hands of experienced lawyers, to MAIN
tain high standard even among the
lower court practitioners.
COMPREHENSIVE TESTAMENT.
w. o. Smith has been appointed by
Judge Gear executor of the will of
Josephine c. Barber, deceased, as
nominated therein, under bond of
$4,000. The testatrix died in San Fran
cisco on August Is, 1908, leaving a per-
sonal estate valued at $4,000. This is
bequeathed in trust to w. o. Smith, 10
pay the income annually to her son,
Earl H Barber, living at Newton,
Mass and upon his death, if he leave
d wife or child or. children, to divide
the corpus between such wife and chill
dren in equal shares, the lawful issue
of any deceased child taking by right
OF representation. In case Of his death
unmarried, or leaving no lawful wife or
ci:i'd or ciil1I en- then he estate IS 10
be divided equally between tn. follow
ing Ean1ed persons of reldE 3nshio to
the testatriX as stated: Mary H. De
Graft, sister; Frances NJ. Williams, sis
ter; Everett B. Simpson, brother all of
Tonawanda, N. Y, and Harriet B.
Browning, niece, of Los Angeles, Cal
1t is further provided that if her son
should die before herself, leaving wife
or children, the estate should not go
into trust but directly to them. Also,
if he so died without leaving wife or
children, 1t should go direct to *he
other relatives already named.
The will was executed at Honolulu
on July q, 1903, when deceased was
forty years of age and upward, in pres
ence of William ]. Forbes, w. w.
Chamberlain and Louis J. Warren.
CLAIMS f1RSI LIEN.
Waialua Agricultural Co. by its at
torheys, Castle & wilmington, has filed
an answer to the bill for foreclosure
of Henry Smith, trustee, against John
D. Holt, Jr., and others. 1t sets up
the claim that another certain mort
gage assigned to it has now due upon
it $1,000 principal and interest, which is
first lien upon the premises covered
by the mortgage SO owned by it.
TAX RAISE SUSTAINED.
The Supreme Court has decided
against the Bernice Pauahi Bishop Es-
tate's appeal from the Tax Appeal
Court in the matter of the assessment
of eighty acres of rice land and Abs
,acres Of pasture land located at Puma
luu, Oahu, under - year lease with
IS years unexpired) for net annual rem
tai of $500. The property was return
ed at $4,000. which the assessor raised
to $50, 0O0. This increase was approx
ed by the Tax Appeal Court, whose
valuation the Supreme Court now af-
firms. Holmes & Stanley for taxpay-
| er; Robertson & Wilder for assessor.
COURT NOTES.
1t is stipulated in the suit of T. II.
/ Davies & Co. L4d., VS.. F. H Redward
and f. n. Swanzy garnishee. that the
evidence OF mir. Swanzy taken in the
matter of the Arthur HARRISON Mil
Co, Ltd, VS.. +. II. Redward and z. NJ
Swanzy, sarn,shee, may be reduced to
writing by Stenographer J. NJ Homer
and used as evidence by either party in
the cause first mentioned.
III. W. Tschudi. executor Of the viii
OF Jennie Blatchford Tschudi, has filed
an inventory. showing the estate to
consist of life insurance policy for
$3.50
Jonah EaIanianaole has appealed by
writ Of. error 10 the Supreme Court
from Judgment against him at the suit
Of W w. Dimond & Co. Ltd. in the
/ Circuit Court