The Hawaiian gazette., 1911-07-21
ROSERBlE0T MusT
Give Deco TO FRElR


---.--
Judge Rohinaon decided ycsterlay
that Morris Roscabledt mus, f1rnlsh
Dr.. Philip r. Frear wlth q good aud
sufficient warranty deed 10 the land on
1,unakou ptreH upon which the doctor
now has HE residence and must also
allow him the right 20 use the right
OF way on tho land He ordered that
the $1,000 which Dr. Ffcar paid into
cour, be delivered to Mr.. Roscnblsdt or
deposited TO his order In the First Ma.
tiohal Bank. Roscnbiodt Is to pay tho
costs Of tho suit The judge denied
the claim Of DR.. Frsar that the right
Of way intended to be lneluded,was, the
twenty. four foot roadway on the land.
He stated that If that was their idea
at tho time they did not express 1t in
their written Instrument 50 he held the
only right of way the. doctor was on
titled to was the one that existed Janu
larry 9, 1908.
Both sides gave notice Of appeal. At
tOrney L. G. Peters, for Mr.. Rosenblsdt,
objected to the decision on the ground
that it was contrary to the, evidence
and gave notice that he would ask for
new trial. Attorney Warren of
Smith, Warren & Hemenway also gave
notice of appeal with reference to the
right of way. This led Judge Robinson
J to remark, as an aside, that he honestly
believed the conclusion he reached must
be the correct one because mot single
soul was satisfied.
The Courts Decision.
Judge Robinson'a decision in this
case was as follows:
81 am satisfied that good, valid
and sufficient tender was made ON the
goth day of Aug, 1910, in this: that
all the witnesses agree in stating that
the cash was actually offered before
the deed was even produced from the
! poeket-if he had 1T in his pocket--or
from his possession-if he had it in
his possession until all discussion
ceased in reference to cash at all. L
do not think that counsel would intl-
mate that either one party OF other has
| wilfully misstated anything; in the
lapse of time other matters demand
their attention; do not believe they
llwilfully misstated anything. Even Mr..
Rosenbledt said--I viii not say that
he used the word demand on the
! 26th day of August, but 1 have to say
that even he would not commit himself
THAT far.
s'Let decree be entered in favor Of
c6mplainant directing and requiring re-
Espondent to make, execute and deliver
Ito give and furnish to complainant
a good and sufficient warranty deed to
the premises mentioned and described
in that certain intrument dated on the
! between Morris Rosenblejt of Honolu.
lu, Island ofaOahu, Territory of Hawaii,
hereinafter designated said lessor of
the first part, and Philip f. Frear of
Honolulu, hereinafter designated as
lessee of the second part, recorded ON
the oath of April, A. d. 1908, at l1;44
O'Clock in liber 29s, pages l54-l57, and
also the right to Use in common with
the said Morris Rosenbledt, his heirs
and assigns, the right of way on the
said grant, to wit. Royal Patent Grant
1913 to E. W. Clark, the entrance of
which is on Punahou street opposite
Bingham street, as the same existed on
the End of January, 1908; ana that
upon the making, execution and de
livery Of said good and sufficient war
ranty deed that the sum of one thou
sand dollars deposited with the clerk
of this court be turned over and de
: lIvered to said respondent by the clerk
of this court, or deposited by him il
3 the First National Bank of Hawaii Il
: the account and subject to the order Of
the said respondent. Costs of suit t
be paid by respondent.
Peters on Popularity.
Attorney Peters enlivened the cas-,
! with some eaustlc remarks in, his ad
dress to the court, He spoke of oh
iectionable features in the deed which
he claimed the other side sought Il
ram down Rosenbledt's throat HI
: declared that he had tried to keel
away from harsh expressions Counsel Oh
I the other side said he had insulted him
9 "My manner is insulting, suppose,
' said Mr.. Peters fSome people fin
/ a great deal of difficulty with my man
Y ner. / get along with some people
OlhSiA Seem W insult NAl' N"hPp
know of old; everybody knows hir
A so nothing l have said is new. Nj
4 Peters introduced a new sporting teri
a by remarking that he was so eertai
t on particular matter that he woul
be wiling TO wager dollar to a brio
e hat.
e He declared that DIR. Frear neve
}, made proper demand for the premise
S, on Punahou street nor were there an
i, indications before the court that tn
e doctor said TO Mr.. ROsenbledt (" Her
e is your $1,000"
. Suit is Discontinued.
q Attorney Lorrin Andrews yeSterda
. al unAinn - ainnnnIinnnnnn In III