The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-03-19
SUIT On D|CkER
IN FIRE CLAIMS
w. Henry Wants A. M. Brown
to Account for $1,000
Civil Courts.


i William Henry has brought a bill il
equity for accounting against Arthur
NJ Brown. 1t is alleged that plaintiff
and defendant in January, 1903, en-.
tered into an agreement to purchase
for profit judgments rendered by the
Fire Claims Commission, the money fol
which plaintiff was to advance up tC
/ $1,000, while the defendant was to dc
| the purchasing at the most advan-
| tageous prices, and the profits were to
be shared equally after the return by
defendant to plaintiff of the $1,000 adj
vanced.
| 1t is stated that Henry put up the
money and that Brown bought large
number of fire claims, "the number
and amount of which the plaintiff does
not know and has been unable TO as
certain because the knowledge of such
facts is possessed alone by the defend
anti Further it is declared "that de-
| PENDANT has collected all of said fire
claims so purchased by him for the
joint profit of plaintiff and himself,
| the amount of which plaintiff Ncan not
ascertain for the reasons before given. -
Henry complains that the accounts
of the transactions are still open and
unsettled and that Brown, though
often requested, fails and refuses to
account to him for the $1,000, or any
of the dealings in question, and charges
that, if accounts were properly taken
between plaintiff and defendant, a
large balance would be coming from
defendant to plaintiff. :,
Tt is set forth that the nature of
the account is such that it can not be
conveniently or properly adjusted and
settled in an action at law and without
the aid of a court of equity.
Wherefore the prayer is that defend
ant may make a full and true answer
and disclosure of the transactions, and
that an account may be taken under
direction of the court, etc.
MRS. GREENS WILL.
Judge LINDSAY admitted the will of
the late Mrs. Anna Green, relict of
Hon. W. Lothian Green, to probate and
der a bond of $4,000. Besides being
Dowsett, nephew of deceased, receives
a bequest of $4,000. The rest of the
estate is left to him as trustee, to
pay the income to Mrs. j. N. S. Will
liams of Kahului, daughter of deceased,
for life with remainder to her chill
dren in equal shares, or to their issue,
and if none of these be surviving then
the estate to be distributed, share and
II. - e h. +o+n
The estate is inventoried at $50, 800. of
which $4,000 is real property. Stocks
include $4,000 at par in Hon olulu
Iron. Works.
NO BLOOD FROM. STONE.
Execution for a balance of $4,000
ON Judgment and costs amounting to
$447 .35, in the suit of Thompson &
Clemens against Jose Lor Wallach, has
been returned as no good by High
Sheriff William Henry, who declares
that, after due and diligent search, he
has failed to find any property, real,
personal or mixed, belonging to J. Lor
WaTlaeh On the face of the execution
credit of $210.95 is given as partial
satisfaction bv garnishees, which leaves
the balance already mentioned as I'M
collectable. The suit was for profess
sionaI services in defending Wallach
from the charge of perjury committed
before the election registration board.
Wallach is serving police court sem
tence for practicing medicine without
license.
PROBATE ITEMS.
Henry Waterhouse Trust. Co., Ltd,
guardian of the estate of W. r. and
Leonora Opfergelt, minors, has fled
its third annual account, showing re-
ceipts of $963O55 and payments of
$2636.47. There are investments in
notes amounting to $3.50. OF the re-
ceipts $4,000 is principal collected, and
of the payments $3.50 reinvested.
Henry Waterhouse Co., Ltd, has fled
its first annual account as guardian of
NJ. K. Walaaulani, minor, showing
receipt sof $3.50 and payments of $148.
The estate consists of two pieces of
land at Waiahole, Oahu, containing re-
spectively 55 and sos acres.
BRUTALITY ALLEGED.
Mary Ann Kaloaamaikai sues John
Kaloaamaikai for divorce on the
ground of extreme cruelty, praying
that she be awarded the custody of
their five minor children. They were
married in July, 1906. Particulars Of
the cruelty alleged are these: That
during several years last past the hus-
band repeatedly assaulted and beat tho
wife, infiicting several wounds and
bruises upon her. That on November
%. 1907, he struck her many times with
his clenched fist, bruising her body in
many places and causing great and
permanent injury to her eye and face.
That on March 8, 1908, he assaulted
her and attempted to strike her with
an iron bar, but was prevented from
doing so by bystanders. and on that
occasion he threatened to take her life.
BOND CANCELLED.
The $4,000 bond executed by c. w.
Chaplin and Elizabeth J. Chaplin, to
release attachment in W. c. Weldon s
damage suits against them, has been
ordered Cancelled by Judge Robinson
under an agreement of counsel, A Per-
ry for plaintiff and E. M. Watson for
defendant, in open court. A trial of
the cases together before Judge Rob-
inson resulted in a nonsuit as to Mr.
Chaplin and a mistrial as TO Mrs. Cha
pin. An appeal was taken from the
nonsuit and the case against Mrs.
Chaplin being tried before Judge De
pT- Al