The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-05-21
VERDICT GIVEN
FOR DILLINGHAM;
M. r. Scott Must Pay Amount
of a Note in an Old
Case.

1t took the jury in the case of B. F
Dillingham; against NJ F Scott Just
nine minutes to find verdict for the
plaintiff yesterday, holding Scott liable
for the sum Of $1100, which he Dor.
rowed from Dillingham;, and the legal
rate of interest On that amount from
December %, 1902. Scott s defense was
based On the assertion that he secured
the loan from Dillingham; in the behalf
of the Kona Sugar Company and that
it was not personal obligation that he
then contracted.
This view of the transaction was en-
phatieallys denied by Mr.. Dillingham;,
and the weight of the evidence addueed
was contrary to the statements made
by Scott, who conducted his own case.
This is the second verdict that Dill
bingham has secured against Scott, the
former case being carried to the Su-
preme Court by the defendant, and re-
manded to the Circuit Court for retrial,
with number of rulings on the legal
status of accommodation paper.
Prince David's Estate.
The estate of the late Prince David
has been inventoried and appraised at
$67 ,461.50, of which amount only
$3,250.00 is real property. The apprais-
ers appointed by the court TO determine
the value of the estate were r. w.
Single, Job Bachelor and Charles A.
K. Hopkins. The greater portion of
the estate left by Prince David con-
sists of forty shares of the Kapiolani
Estate Company, Ltd, the remainder
of the amount being distributed in per-
sonal property.
A motion to dismiss the petition in
the case of the Kapiolani Estate, Ltd,
against Mary Atcherley was filed by the
defendant yesterday, the grounds al
legged being that the Kapiolani Estate
has parted with it's rights since the in
stitution of the case. The petition
states that "Lewers & Cooke, Ha-
waiian corporation, has, since the in
stitution of this case, brought suit in
the Court of Land Registration, claim
ing to own the land involved in this
case by purchase from said Kapiolani
Estate, Ltd, and praying for register
ed title to it. The defendant herein ap-
peared in said case in the Court of Land
Registration as defendant, denied the
title of said Levers & Cooke, Ltd, and
set up claim to the land in fee sim
pie. Upon appeals to the Supreme Court
of the Territory of Hawaii that court
by decisions has disposed of
all points of law involved in this case
| and said decisions claims are bind
ing upon this court in this and decisive
of this case. On March "a, 1909, the
Supreme Court of the Territory of Ha-
wall rendered decree Diminishing the
said suit of said Levers & Cooke, Ltd,
| and finding that it had no legal or
equitable title to the land described
in this petition.'
Attached to the petition is an aft
davit of Lyle A. Dickey, one of Mrs.
Atcheriey's attorneys, in which he
states that he has searched the records
OF the Bureau of Conveyances and has
found there deeds transferring the
property in dispute from the Kapiolani
Estate to Levers & Cooke. He also
tells of Mrs. Atcherley appearing as a
defendant in the Court of Land Regis
tration when Levers & Cooke asked for
a registered title to the land.
To Sell Land.
/ James F. Morgan was named as a
commissioner yesterday by Judge Rob
inson to sell piece of land fronting on
Hotel street for the benefit of the
claimants in the suit of the Sociedade
Lusitana Benefciente de Hawaii and
William AHA, petitioners, IS. Henry 2.
Bush, James I'll. K. Bush, Kama Lelei-
WI, Henry Bush, minor, and Arthur
and James Very, minors. Judge De
Bolt found that the rights of the claim
ants were so involved that it was prac-
tically impossible to make an equitable
partition of the properly, and that the
only substitute was to sell the land and
make distribution of the proceeds ac-
cording to the proportion of the claims
adjudged by the court. The petitioners
were represented by Attorney E M.
Watson.
Court Notes
An order of notice of hearing peti-
ton for allowance of annual accounts,
| final distribution and discharge were
| filed yesterday on the estate of Rose
Santos d'Oliveira, the Bishop Trust
| Company being anciflary administrator.
Letters of guardianship were issued
yesterday to Rev. E. w. Thwing over
| Chez All Al.
Meaai Kekuewa was found not guilty
on charge of assault and battery by
jury in Judge De Bolt IS count yester-
day. The plaintiff was Rose Lee Hong,
the defendant having been convicted in
the District Court.