The Hawaiian gazette., 1905-06-23
GARN|SHEE
DISCHARGED

Judge DE Bolt yesterday rendered the
following decision in the case of Kane
one Ranch Co.. Ltd, plaintiff, VS.. L.
Ahlo. defendant. and the Royal Insur-
ance Co., garnishee. 1t is an action for
$3.50 for rent and taxes on Nuuanu
street premises:
Il wish to say in this matter that l
have given 1t all the care and atten-
ton could along with ohe other bust
ness of the court. have not gone into
1t as thoroughly as 1 might otherwise
have wished, but / am bound to say
that as far as have gone the author
tiles all seem to be one way. 1t seems
TO me that the authorities are very
clear that a power of attorney or in
strument such as is on file in this case
must be construed according to the
purpose thereby to be accomplished and
in accordance with the intention of the
parties. The power of attorney of
Grinbaum G. Co. is, beyond question,
coupled with an interest. And, consid-
ering the documents on file, together
with the evidence of Mr.. Gartenberg,
Mr.. Walker and Mr.. Wilmington, 1t is
clear that the parties intended an as
signment. l cannot bring my mind to
any other conclusion.
II therefore hold that the claims
against Mr.. Ahlo, held by Grinbaum &
Co. and Mr.. w. r. Castle, trustee, were
duly and regularly assigned, in good
faith and for a valuable consideration,
prior to the service of the punishment
papers upon the Royal Insurance Co.,
the garnishee herein, and that being so
there is nothing else to do but simply to
discharge the garnlshee, it appearing
that the claims held by the assignees
more than cover the amount in the gar
nishee's hands.
Included in what is termed. the Grin
baum claim are the claims of Phillips
& Co., Hoffschlaeger & Co., Ltd, and
Won Hamm Young Co, Ltd These claims
are covered by, and of course, included
in, the assignment. =,
1.-THE garnishee, the Royal Insurance
Co., is, accordingly. discharged"
The decision sustains the lien claimed
by the Grinbaum claimants on insur-
ance money owing by defendant under
judgment in favor of L. Ahlo.
ANOTHER JURY TRIAL.
So as to save the trial as of this
term, jury will be empaneed in the
ejectment case of Kaleiokekoi VS.. Wal
luku Sugar Co.. transferred from the
Second Circuit. before Judge Lindsay
today. The term closes tomorrow, but,
under the new law, If jury is en-
paneIed prior to the end of a term
the trial may proceed to conclusion
regardless of the term limit.
JOHNSON AND KUMALAE.
Enoch Johnson and Jonah Kumalae's
application for bail, pending their Pc
tition to the Supreme Court for a re-
hearing of their appeal from convic-
ton, will be heard by Judge De Bolt
at o'clock tomorrow morning. Both
men are serving their sentences in the
meantime. ~
NAPEA'S CASE DEFERRED.
Henry Kapea's demurrer to indict-
ment for ENLIGHTENMENT was continued
for the term by Judge De Bolt. The de-
PENDANT will therefore have to stay in
Jail about three months unless he can
find $4,000 bail.
COURT NOTES.
w. w. Chamberlain by Smith G.
Lewis has brought a suit for fore
closure of mortgage against John E.
and Maria A. Bush, the debt being
$500.
w. r. Castle has filed creditors
claim of s1357.50 as principal and $13575
as interest, secured by mortgage,
against the estate of Isaac H. Sher-
wood deceased.
Gilbert ]. Waller, Democrat, and
James w. Girvin, Republican, are the
First Circuit jury commissioners for
the remainder of 1905.
Joinders in demurrers and repli-
cation have been added to the file in
Hemenway, trustee, vs. Honolulu Clay
Co.
Marie Olsen has received letters Of
guardianship of the persons and prop
erty of her three minor children, Car
los, Edward and Louisa.
Harry N. Denison has petitioned the
Court of Land Registration for a title
to houselot on corner of Wilder avenue
and Makik street, which, with i'm
provements, is assessed at $4,000.
Argument on points was partly heard
in the Maile-Carter case by Judge
Lindsay yesterday afternoon and will
be resumed today.