The Hawaiian gazette., 1907-09-13
LONG STANDING
CASES CLOSED

Three Supreme Court decisions were
handed down yesterday, all dealing
with suits of long standing in the Ter
ritorial courts.
In the matter of the estate of Lavinia
Kapu, deceased, on appeal from Cir
cult Judge, First Circuit, the opinion
of the Court by Justice Wilder is that
where a creditor OF an intestate whose
estate is insolvent holds security for
his claims, and after his claim is pre-
sented disposes of the security. the sum
realized operates as a partial payment
to reduce the claim pro tanto, and he
is thereafter entitled TO dividends only
ON the amount remaining due on the
claim.
The Waialua Agricultural Company
held a mortgage on real estate against
the estate, foreclosing and realizing
$4,000. The estate proved insolvent,
paying only fourteen per cent of the
claims against it. The holders of the
mortgage claimed, however, to be en-
titled 10 the full amount of the un-
satisfied balance of their claim. The
Circuit Judge ruled against this claim
and the ruling was sustained. Castle
& Wilmington for Walalua Agricultural
Co.; p. L. Weaver, for the admins
traitor.
In W. W. Bierce, Ltd, versus Clinton
J. Hutchins, trustee, the opinion writ
ten by Justice Ballou sustained the
defendant IS exceptions. Upon de-
cisive point having been reversed by
the Supreme Court of the United
States, the defendant is entitled to
consideration of the other points pre-
sented by his exceptions, so far as
they are not concluded by the opinion
of the Supreme Court.
An oral suggestion that Justice Bal
lou was disqualified to sit in the case
because of his former connection with
the firm of Kinney, Ballou 6 MeClana
han, attorneys for the plaintiff, was
overruled.
L. Wilmington and j. W. Catheart for
defendant.
In the claim of Hoopii Wire (w)
against the Waialua Agricultural Co.
ct al, the decision was against the
plaintiff. Her contention was that
through the children of one Kopaea her
claim to certain lands was valid. Kopaea
was disseized in 1882, the statute of
limitations then beginning to run
against her, but the heirs being minors
ii was claimed that no child was barred
until five years after becoming twenty
years of age. This was overruled.
1.-The statute clearly shows that once
1t begins to run against a person it
Is not suspended or interrupted dur
ing subsequent disability of his
heirs.''
Virginia Perry has begun action in
the Circuit Court against S. NJ. Damon
for damages to the amount of $2559, for
injuries received and subsequent wor-
ry and suffering as result of driv-
ing accident on March l, last. The
plaintiff is the wlIe of Antoine L.
Perry.
In the complaint it is stated that
owing to the negligence of a servant
of the defendant a horse and dump
cart colnded with buggy being driven
by the plaintiff. In the upset, the
plaintiff was thrown out and injured,
the injuries received by her resulting
in great worry due to fear for an
unborn child, which was born three
months afterwards with a hernia.
The amount claimed is made ND of
bills of expense for medical services
and other help for $50, and for $2500
for injury in minu and body.
Thompson & Clemons appear as at
torneys for the plaintiff.