The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-01-09
BANKRUPTCY
ASSET CASE
us. Judge Dole Decides
Against Trustees
Claim.

Judge Sanford 3. Dole OF the Onlteu
| states District Court rendered a decl-
sion yesterday of considerable interest
to business men. 1t was on a question
of title TO certain goods in the mat
. ter of Y Y Hirose, a bankrupt. This
| is the syllabus:
I'm a proposition for selling goods,
where the understanding is that the
goods will be delivered to the pro-
posed purchaser upon his payment OF
the price therefor, the failure of the
proposed purchaser to pay absolves the
proposed seller from any obligation to
deliver.
The proposed seller invoiced the
goods in the name of the proposed buy
er. but mailed the invoices to his own
agent, and instructed the proposed
buyer by mail that if he would pay
the price of the goods to the agent he
could get the invoices from him; held,
that the fact that the invoices We're
made out in the name of the proposed
buyer, conferred no title on him under
the circumstances"
THE CASE STATED.
Judge Dole, in the body of the de-
cision, states the case thus:
"A petition was filed in this court
on the 23rd day of March, 1904, by H.
Hackfeld & Co, Ltd, Hoffschlaeger
Company. Ltd, and the Seattle Brew
ing & Mailing Co., praying that one
Y. Y. Hirose, doing business under
the name of Hirose Shoten, be adju-
dicated a bankrupt, and on the 5th
day of May 1904, the petition was
granted and adjudication made.
Pending the proceedings, the court,
in response to a petition by said Sc
attic Brewing & Mating Co, made an
order on the 18th day of March, 1904,
directing that certain property seized
by the United States marshal and al
legged to belong to the said alleged
bankrupt, to wit, eighty tubs of sake,
be sold, the same being perishable
goods; and thereafter, on the Sth day
of June, 1904, Chas. F. Clemmons, trus-
tee in bankruptcy of the said bankrupt
estate, claiming to own the said prop
erty and proceeds of the sale thereof
as such trustee, and F. E. Thompson,
attorney for the Urabi Brewing Co, a
corpora ton of the Empire of Japan
which corporation claimed the said
property and the proceeds of such
SAFE thereof, p0lIl1OneQ IulS Tor
the determination of such controversy
praying that the petition be heard by
the judge of this court or by some
referee to be appointed therefor, and
for such other and further relief as the
premises might require. The matter
was thereupon referred to VIM T.
Rawlins, referee in bankruptcy of this
court, to report facts and findings as
prayed for in said petition. The referee
filed his report on August Both, 1905,
to the effect that the Urabi Brewing Co. !
never parted with its title in the said
eighty tubs of sake, and that the trus-
tee of Y. Y. Hirose, a bankrupt, is not
entitled to the funds now in the hands
of the United States marshal.
"Thereupon, the Urabi Brewing Co,
by its attorney, F. E. Thompson, moved
the court for an order confirming and
approving the said report of the referee
and directing the clerk of this court
to pay to the Urabi Brewing Co., or
its attorney, the proceeds of the sale
of the said sake. The motions was
heard, counsel for both sides being
present and making argument and re-
ferring to authorities.
THE TRANSACTIONS.
From the evidence which was taken
in the bankrupt proceedings relating
to the question G" the ownership of
the sake at the time OF it's seizure by
the marshal the story is briefly as fol-
lows: The Urabi Brewing Co., doing
business in Japan, shipped the said
sake to Honolulu. invoicing it in the
name of Hirose, but mailing the in
voices to their agent in Honolulu,
Japanese named Doyo, with instruc-
ions to him to deliver it to Hirose
lpon his paying therefor. Hirose was
Unable to pay and to accommodate the
Jrabi Brewing Co, signed the neces-
ary papers for taking it out of the
Sustom House. the agent of the Urabi
Brewing Co, Doyo, paying the duties
herefOr. The tt.IStea con- aSts. S,.nl.