The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-05-26

supreme Court yesterday that tribunal
hoIoS that IN the case Of the Waialua
agricultural Company against tba rab,,
Railway and Land Company. intera~+
accrued on the rent when dna tn
opinion of the court is bv PERI ana
the syllabus reads .aon rent accrued
on an instrument in writing. interest
runs, under Revised Laws, Section 2fas
from the date when the rent became
due, even though its amount was nor
expressed IN the instrument. In the
course Of the opinion the Supreme
Court saws:
On the subject of interest there il
great conflict In the authorities some
OF It perhaps apparent only. In dis.
flngulshlng between liquidated and un-
Hquidated demands some courts annear
to have IN mind one definition Of those
terms and other courts another. Then
again some OF the decisions are based
upon statutes and others are made in
their absence. With reference To nm
hquldated demands interest is allowed
IN some cases from the date when the
principal became due, in Others from,
the date of demand. in others from the
date of the institution of the action.
and In still others. perhaps a majority
Of them, from the date of the verdict.
The reasoning in favor of the last nam
ed rule is that where the existence
of the debt Is in doubt and its amount
uncertain, party is not in a position
to make or tender payment and should
therefore not be called upon to pay
interest except from the time when
both of these disputed questions have
been settled by judicial proceedings.
On the other hand, II may well be said
IN favor of the rule that interest shall
date from the acernal of the right of
action, and although the aid of a court
is necessary IN order to settle the con
troversy as to whether debt existed
and as to It's amount, nevertheless the
fact remains that the defendant during
the whole of the intervening period
has received the interest on, or other
wise had the use of, the money found
by the court TO be due, and that the
plaintiff has been deprived of such in
terest or use'
The Supreme Court sustained the de-
cree of the Circuit Court in the case
of Alexander Lazarus against Lena
Grace Rosewarne. A bill was brought
by the plaintiff to establish a trust In
conveyance to his niece, the defend
ant in the case, of realty and bill
of sale involving considerable personal
property. The allegation was that the
entire property was transferred in trust
while the defendant asserted that she
became possessed of the property abso-
lutely, and had also loaned Lazarus
money to meet the costs of a divorce
action that he had instituted.
Notes of the Courts.
Circuit Judge Whitney committed
several homeless children to the care
and control of the Salvation Army Wo-
men s Industrial Home yesterday. The
children were Title Mande, Georgina
Bruno, Amelia Bruno. Katy Cooper and
Elizabeth Santiago. They were already
provided for at the Industrial Home,
but had not been formally committed.
Y. Sega, the agitating editor OF the
Nippu Jiji, viii have to enter a plea
Saturday to the Indictment charging
him with being a disorderly person.
The ease of Sega has been delayed
because of the question raised as to
whether private counsel could be re,
tanned for prosecution and now that
the Supreme Court has disposed of the
question Attorneys Kinney and Prosser
will assist in the prosecution.
John Gomez, charged with receiving
stolen goods, withdrew his plea OF not
guilty yesterday, and will be sentenced
by Judge De Bolt Saturday.
P. T. R. Strauch has been appointed
administrator of the estate of Achlona
with bonds at 800.
Lena K. Vida, through her attorneys,
Judd and Lindsay, fled a denial yester-
day to the allegations in the complaint
for divorce fled by her husband, Henry
C. Vida.
Minnie NJ. Alexandra has been allow
ed $50 per month pending the admins.
tration of the estate Of her husband
John Alexandra.