The Hawaiian gazette., 1915-01-01
WOULD REPDDIlTE
TaEIR Town BOND
cheap Defense N Baseball Row
Punctured BY a Rule Of
Comon Sense.

- ~ Aehiedc. Turk inluhcnOHs ana
damage suit came up again yesterday
on a hearing before Judge stuart, when
u peculiar state OF affairs appeared to
!, exist. IFs&t. &
| When the park management enjoined
Lowrey and the Venice players from
playing basebah Thanksgiving Day,
former Judge Robinson required them
to, give, bond in the sum OF $500,
conditioned that IL the park people
(! failed TO make good their suit they
kwould pay the defendants whatever loss
the latter suffered, up to that amount.
The bond was made out in the name
OF Honolulu Athletic Park, Limited, by
Thomas Treadway, secretary and treas
urer, as principal, and Henry Hapai as
surety. Later the supreme court dis
solved the injuneticn, after 4 brief
was Il a Legal Bonn
When the Injunction was served upon
the ball players it was supposed that
the bond required by the court had
been given, and when the injunction
was later Dissolved by Judge Robinson
La motion was made before Circuit
Judge Stuart BY the Venice ball play
ers to assess the damages, arising to
them from the unlawful issuance Of the
| injunction, upon the bond given by the
complainant. y.
When the matter came up before
Judge Stuart yesterday Attorney f..
Q. Peters, representing the park Poo.
pie, sprung surprise by attacking the
/ validity Of his clients bond, which h6
said was worthless, because ii had been
signed BY Treadway in his name only,
the name Of, the corporation not being
attached to his signature. Because
their own bond was illegal and void,
argued Mr. Peters, they could not be
held In any damages In this suit.
| Their plea 70 the jurisdiction is as
followsi
4 Plea TO the Jurisdiction y.
~ Comes now the Honolulu Athletic
Park, Limited, a corporation, the com.
lplainant in the foregoing action named,
by its treasurer and manager thereunto
duly authorized and says that this
court is without jurisdiction to assess
damages against said complainant here
in upon the ground following, that il
10 say;
i PThat said complainant did not, as
principal or otherwise, give any bond
Il upon the issuance Of temporary re
straining order herein. IA
II That the only bond given upon the
issuance of dhe temporary restraining
order herein was a. bond by one Thos
Treadway individually as principal, and
one Henry Hapai Individually as surety
neither the said Thos. Treadway MOI
the said Henry Hapai being parties To
the above entitled cause. atsE
n THAT the honorable the circuit court
OF the first judicial circuit was without
Jurisdiction or authority to issue the
temporary restraining order herein, and
said respondents (othef than the re
spondent Lowry were not obliged t.
obey said temporary restraining order
t'That the above named cause being
an action for specific performance and
injunction, has not been finally term
, mated, .sc}g
u, "That neither the principal MOI
surety under the bond given herein
upon the issuance of the Temporary re
straining order are bound to respond
! thefeundefs until accomplishment, th'
!. Honolulu Athletic Park, Limited, fails
! 10 reimburse the respondents for al
costs, charges and expenses or damages
sustained BY. them or either of them
(said respandents) in consequence o.
said action in case said complainant
Z tails to Sustain the. same. @
This extraordinary repudiation wa
I signed by Thomas Treadway, this tim'
carefully as treasurer and manager o.
1.-THE corporation. tf All FEEU
Not To Profit BY own Wrong
u Lorrin Andrews and q III, Mcbride
attofneys for the ball players, present
/. ed arguments to the court that to allow
the complainant to take advantage Of
It's own wrong and by q trick to deceive
the court BY giving bond which they
, now claim to be void would be against
1.-THE conscience, Of the court and that
1.-The Judge sitting In equity has a right
10 hold the surety on the bond for, thu
damages for which he agreed 70 be re
sponsible, regardless Of the fact that
lby trick the wording Of the bong
( ld0es not name the Honolulu Athletic
Park, Limited, a principal
Peters commended that the court hay
/ ing failed to see through the trick has
!, lost jurisdiction, and damages could
mot be assessed.
, Judge Goes One Better ,'t. (,
ID After listening TO the pleas of At
! torney Peters yesterday, Judge Stuart
|, made the commonsense ruling that nj
smart deception should prevent JUSTIFY
being done G
i "If Athletic Park said Judg,
I Stuart, "had not given a bond, thal
lis to say, had not signed a bond, AMI
still brought bond into this court anC
} obtained an issuance of an injunction
saying shat Is my bond, l am i'm
pressed with the thought that it cOult
not deny it was its bond, although IL
signature may not be ON that bond
Sscondly,l 1 think Athletic Park hal
given a bond. 1t Is signed by, Thomas
, Treadway, as understand IL, as treas
lrrer and secretary" t...
, Upon being Interrupted by Peters h
the effect that the bond had not beef
I signed Thomas Treadway, secretar,
and treasurer Judge Stuart admitted
J he was incorrect and then proceeded
Z to say: ~ VA, 80 &Gg IA,
lIt strikes the Judge ,it w
ft'it strikes me that Treadway ha
signed several papers here as treasure
!, and secretary, papers that ought to b.
! signed BY Athletic Park! As prncipa
! on the bond 1 do not understand hoS
I he could sign ID as treasurer and secre