The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-05-12

REVERSED
Married Mans Agency.
Yesterdays Court
Matters.

| a VIE dS NS4L SfS any otiieF pcISOi
may act as her husbands agent and il
as his agent she hires a house for both
at a fixed rent, he is liable for the rent
! irrespective OF his legal liability to sup
| port her. In this case the plaintiff s
evidence is held sufficient to show
prima facie that the express contract
| was made by the husband himself or
was authorized or ratified by him If
! made by her and hence nonsuit
should not have been granted"
So reads the syllabus of a unanimous
decision of the Supreme Court. written
by Chief Justice trear, in the case or
Mrs w L. Wilcox VS.. E. E. Hartman.
on plaintiffs appeal from the Honolulu
District Courts granting of nonsuit.
1t is explained that the testimony as
sent UP may be incomplete, but upon
its face it is held by the appellate court
as requiring evidence from the defend
ant to meet it. The judgment is re-
yersed and the cause remanded for
further proceedings. A. G.. Correa for
plaintiff. Thompson & Clemens for de-
PENDANT.
ADMIRALTY CASES.
A libel in admiralty was brought
against the American bark WiIlscott
yesterday, by William Ryan, Arthur
Stander, Peter Peterson, John Lee,
Henry Olsen and John Byrne, members
of the crew They allege that they
were provided with unsound food and
food insufficient in quantity at that,
on the voyage Of the bark from New
castle. N. S. W., to Honolulu. Damages
OF $50 each, with costs, are claimed.
Geo. A. Davis is attorney for libelants.
On affidavit of their destitution,> they
were permitted by Judge Dole to file
the libel without deposit of costs
Pacific Mail Steamship Company has
taken an appeal to the Ninth Circuit
Court of the United States at San
Francisco from the judgment Of Judge
Dole against it. awarding damages to
Alfred Iversor and four others in con-
sequence of refusal to Permit them at
Honolulu to resume their passage in
the steamship Mongolia from Japan to
San Francisco. Kinney, McClanahan &,
Derby are attorneys for appellant.
PROBATE MATTERS.
Judge Robinson confirmed the sale OF
real estate of the Holt minors on pc
tition Of Helen A Holt, guardian.
The will of the late Mrs. Hodgins was
admitted to probate. DR. A. G.. Hodgins
being confirmed as executor without
bond
On the petition of Daisy D. F. Cart
wright Cross, beneficiary under trust
deed made between Alexander j. Cart
wright and William F. Allen. and in
accordance with the power of the trust
deed, Chief Justice F'rear has appoint
ed the Hawaiian Trust Co. Ltd, as
trustee in place of William F. Allen, |
deceased. The trust consists of Alakea
street property and certain securities. |
all the income of which was directed |
to go to the granddaughter of the |
grantor, formerly Daisy D. F. Cart
wright, for life and to her lawfully
oegotten issue at death, but in case
Of her dying without such issue to the |
heirs of the grantor, the late A. J. |
Cartwright.
COURT NOTES.
Judge Robinson, on motion of Thomp- |
son & Clemens for libelant, has grant |
ed an order OF publication of pen
lency of proceedings" in the divorce
suit of James Pinkerton VS.. Emelie
Judge De Bolt will take the pleas to-
lay of Katsutaro Takamoto, charged
with murder; zee Man Yong, assault
With deadly weapon, and Maka Poai,
Judge De Bolt has five of the fishery
light cases set for hearing this morn
ng.
Judge De Bolt dismissed the appeal |
# Iwahara for common nuisance. He
lSo set number of cases for the COM |
ng week.
Defendants amended bill of excep-
ions in the case of Godfrey vs. Row
and has been filed by Kinney, Nc
'lanahan & Derby.