The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-09-23

Judge LINDSAY yesterday MED a writ
ten decision in the suit of William
Savidge, trustee of the Barete estate,
VS.. Richard Antoine and others. Antoine
was the executor of the will of Barete,
with whom he had been in partnership
in the dairy business during Barete s
lifetime. In 1894 Antoine and Barete
had taken a lease for fifteen years of
the land known as hamenaiki, contain
ing 45I acres, from one Heleluhi. at an
annual rental of 5000 Antoine did not
inventory this leasehoId as a part of
the Barete estate, but conveyed Ba-
rete s interest in it to A. j. Lopez. Nine
months later Antoine and Lopez CON
veyed it to Ahana for $4,000.
Savide, as trustee, brought suit
against Antoine and Lopez on the theory
that the transfer of the Barete inter
est to Lopez was fraud on the Ba-
rete estate, and that the two should be
held as trustees to account to the Ba-
rete estate for half of the money re-
ceived.
Judge Lindsay held, however, that
the evidence showed that when Barete
and Antoine first got the land they put
about 400 cattle on it to pasture, but
that the grass was so scanty and so
poor that most of the cattle starved
and the land was not used again dur
ing Barete' IS life. The rent was in ar
rears, and Antoine vainly tried to get
the lessor to cancel the lease. Lopez
offered to pay the arrears of rent if
given Barete IS interest in the land, and
Antoine accepted the offer as a good
one for the estate. Lopez and Antoine
put cattle on the. land, and they nearly
starved. Ahana came along and, think
ing the land extended further makai
than it did and it being, as he describ-
ed it, "boom times he offered $4,000
for the leasehold, and AntOAe and Lo-
PEI very gladly accepted it. Ahana put
a few horses to pasture on it, but they
did so poorly that he had to take them
off, and he finally got the landlord to
cancel the lease by paying three years
rent in advance. Ahana says he lost
$4,000 on the transaction.
showed that Antoine had acted in per-
feet good faith in the matter, and that
the $4,000 he and Lopez got for the
leasehold was a piece of sheer good
luek-just like money from mother.
Long Drawn-out Case.
The Andrews case is nearing an end
1t will probably go to the jury today,
possibly this forenoon. Today will be
the eighth day of the trial. The suit is
for the condemnation of a right-Of-way
across a twenty-acre tract owned by
the Waiakea Mill Company, but leased
to Lorrin A. Andrews. Andrews claims
that the right-of-way, going where 1t
does, renders a part of the tract UNI
available for the purposes for which he
uses il. and that it necessitates addI- |
tiGnal fences along the right of-way. |
The right -of-way is for the extension
Of the track of the Hilo railway to
where the Hilo breakwater is to be
built.
Surrendered by Bondsmen.
Tomita and Yuki Koga, held on a |
charge under the Edmunds' Act, were
in open court yesterday by |
their bondsmen, Fred Maxine and Lam |
On. Judge Dole ordered them into the
custody of the United States Marshal |
until the further order of the court.
A Formal Amendment.
The title of the suit of Dreier VS..
Brown and others was amended yester-
day by the addition of the name of F.
A. Schaefer as guardian ad Item of
certain of the defendants.
Divorce Filed.
Annie Robinson has begun suit for
divorce from her husband, George T.
who, she says, has failed to
support her or their seven-year old |
daughter.