The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-11-01
WIN POINT
IN $4,000 CASE

An opinion was rendered by the SUI
preme Court today affirming the decree
,of Circuit Judge Robinson dissoivlng
ian injunction, from which the plaintiffs
had appealed, on the suit of Kona De-
velopment Co., Ltd, James B. Castle
f. B. McStocker, West Hawaii Rail-
road Co. and Hawaiian Development
Co., Ltd against M. F. Scott, Nettie L.
Scott, William r. Castle, trustee, and
b. f. Dillingham;
The suit was TO restrain the defend
ants Scott and wife from proceeding in
an action of assumpsit against the
Kona Development Co to recover the
sum of 4,194. 81 with interest. for
breach of a contract between Scott and
defendant McStocker for furnishing
money to Scott to pay rents and plant
200 acres of land with cane and cult
vate the same together with cane no
had planted on 300 acres, McStocker to
nish adequate capital, sugar mill and
facilities Tor transporting the cane
when harvested and manufacturing it
into sugar, Scatt TO have all over and
above $4,000 of the net proceeds COM
ing from the sugar. r.
1t appeared to the appellate court
that the damages laid were for the
failure Of the defendant in the assump-
sit suit to take off the cane at the place
agreed upon or to furnish a mill ade-
quate to extract the full amount of
sugar available from the cane and for
its non-payment of the agreed price
for purchase of standing cane.
There are many complications in the
injunction matter, including an arbi-
tration and various litigations, but the
following concluding paragraph of the
decision will show the courts reasons
for affirming the decree:
In this case it is to be observed
that it is not only accounts which are
to be settled, but the adequacy of the
mill for taking off the crop involves
entertainment by evidence of facts ne
Iculiarly appropriate for a jury to find.
upon which facts important legal
rights of the parties depend. More
over, actions for accounting are within
the concurrent jurisdiction of law and
equity and the one first taking actual
'cognizance of any particular contro-
Versy ordinarily retains exclusive ju-
risdiction.' Kaleikini V. Waterhouse
10 Haw. 359. 361.
But in view of the difficulty of
Saying whether the action involves the
taking of accounts too intricate for a
jury to pass upon we prefer to regard
the injunction as properly dissolved on
the ground that the bill does not con-
tain averments requisite to sustain a
bill for an accounting. 1t does not
even pray for an accounting, nor does
it allege that on taking of an account
it would appear that balance would be
found to be owing by the defendants TO
the plaintiffs and that the plaintiffs are
ready and willing to pay whatever bal
ance, if any, should be found upon
the accounting to be owing by them
to defendants"
A. L. Castle castle & wilmington
and Kinney, Ballou, Prosser & Ander-
son on the brief for plaintiffs; F. w.
Milverton q. w. Cathcart with him
on the brief for Mr.. and Mrs. Scott
Observation-Disclosures
dents IN their way to Boston to be
educated was entertained constant
ly during the stay Of the steamer
China in port, by the Chinese Stu
dents Alliance of Hawaii and prom
inent Chinese residents.