The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-05-23
PETERSON
LOSES CASE


Court, by Justice Wilder, sets aside
the verdict for plaintiff in the suit of
r. C. A. Peterson vs.. +. s. Church. 1t
was a claim for 1875 as real estate
brokers' commission. Castle & With
ington for plaintiff, A. s. Humphreys
for defen !;,n-. The syllabus of opin-
ion reads thus:
"Evioenre hell sl.iccr, to warrant
a finding that plaintiff was Employed
to act as a broker for defendant in ne
gotiating the sale Of defendants prop
erty.
GA sale of land made by an agent
on different terms from those author
lied by his employer will not bind the
latter to pay for the services of tho,
former. nv.
"An agents power to sell piecepf.
land which is mortgaged, the purchaser
to assume the mortgage, does not au-
thorize the agent to bind his principal
to convey by warranty deed.
"Where an agent makes contract
which is unauthorized in one particu-
lar the mere fact that the principal, in
regulating 1T, gives as his reason that
it is unauthorized in another particu-
lar, in which, however, it is authorized,
does not constitute a ratification where
the third party is in no way injured by
the form of the principals objection
so as to raise an estoppel.'
MACON CASE CLOSED.
All day long yesterday the closing
argument in the Magoon disbarment
case was waged before the Supreme
Court. Prosecutor s. M. Ballou open
ed in the forenoon, and j. Lightfoot
took most of the afternoon in reply,
beirs followed for half hour or SO
urtil 4:35 by j. Alfrei Nag,su N his
own behalf
There was nothing # public inter
est in the speeches which has not al
ready been indicated in The outlines os
evidence published by :hs Advertiser.
Counsel on both sides, ut the close Of
argument, filed briefs in court. The
courts decision is all that is now
awaited.
EXPERT EVIDENCE NEXT.
When Judge De Bolt adjourned court
yesterday afternoon the defense
in the trial of Philip ii. Naone for the
murder of his wife had concluds1 one
branch of its evidence. This was the
evidence of relatives and aequaint.
ances of the defendant, which wa.
Plcbby thIOuBnouL W INC tl-
feet that he had been from childhood
whereby he was not Of sound mind nor
responsible for his actions when he
killed his wife on the night of Octo.
Der last.
Witnesses called yesterday were
Sam Leialoha, Ahaaina Make, W. A.
Kealakai, E. J. McCandless, j. L. XII
koo and D. X. Naone, the last-named,
father of the defendant, being recall.
ed. Also, the deposition of Manuel
Pacheco, taken ON account of depart.
ure, was read.
Next will come expert medical evil
dence based upon hypothetical ques
ton.
MRS. KAAE CITED.
On the petition of Edgar Henriques
guardian of the minor children of Mar
garet v. Carter, deceased, Mrs. jessie
X. Kaae, executrix of the estate VI
said Margaret V. Carter, is ordered tt
day why she should not Immediately
file final accounting and report.
SHERIFF sEARLE's SUIT.
John C. Searle, Sheriff of the Islant
of Hawaii, has sued August Hamburg
for $1,000, with interest, costs of cour
and attorneys commission, on account
of defendant having made the high
est bid, $1,000, at the execution sale a
Hilo in the suit of James E. Fullerton
vs. Kohala & Hilo Railway Co. TIL,
property sold consists of an acre o.
land in Hilo.
DIVORCES CASES.
Ane Kalama has brought divorc,
suit against Kanakamaikai on tn,
grounds of desertion and failure t,
support. The parties were married
September !, 1885, and Of five children
born four are living
Irene Reddy by her attorney, Leol
M. Straus, has withdrawn her divorce
suit against John Ernest Reddy.
COURT NOTES.
j. d. Paris has brought suit agains
Clinton j. Hutehins, trustee, TO
$l290.35, with 6 per cent interest iron
March 9, 1905, on promissory note
and attorneys commission and costs
Smith & Lewis and Clarence II. Olsol
are attorneys 70: plaintiff.
John F. Colburn answers the com
plant of Territcry of Hawaii agains
Irene b. Cornwell and himself. H
admits that he is in possession of tn
premises adversely to his co-defendant
but denies that he is possession as tn
tenant of the said Irene B. Cornwel
On certain matters he has no knowl
edge and calls for proofs, and he pray
that the information may be dismiss
ed. w. S. Edings IS his attorney.
Judge Lindsay rendered judgmen
for plaintiff for $117.60 in the sui
of f. G.. Ferreira VS.. George G. Sc
with J. H. Fisher, Auditor of Hawaii
garnishee.
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