The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-06-19
EXECUTORS WIN IN
ROY'ESTATE CASE
Supreme Court Sustains Circuit
Judge Ashford N Rather
Technical Suit On Notes

1 r. = r
In a majority opinion written by
Associate Justice Coke, with Chief jus
tice Robertson dissenting, the supreme
court yesterday affirmed Circuit Judge
Ashford Is judgement in the case Of
Caroline ]. Robinson against Lorrin A,
| Thurston and John ID. Paris, executors
under the will of Eliza Roy, deceased,
Mrs. Caroline J. Robinson on Novem.
Der "a, 1905, held three pfomissory
notes made by Mrs. Eliza Roy, the dc.
ceased, mother Of Mrs. Robinson,
amounting to sl4, 490.s3. Daughter and
mother made bargain. The mother
acknowledged the debt to the daughter
and the latter, for ten dollars and Ger.
tain promises. These were that her
mother should nt no time sell or mort.
gage her real estate OF go into debt for
more than $1,000. If she did, the notes
would become good again. s.,-s-f-.
On the death of her mother the
daughter presented a claim for the
notes and interest to the executors of
the estate. They refused payment and
Mrs. Robinson began suit in the circuit
court, claiming that prior to her death
her mother did sell property in excess
of one thousand dollars value and in
violation of the agreement. Judge
Ashford in the circuit court decided
that the agreement between the
mother and daughter was void and gave
judgement for the executors. 80
On the whole the case is a very tech.
meal one and very confusing. 49,.
Agreed to Too Much ..... &c.. .
1--WE are of the opinion that the
ri In "a A.
which attempted to restrain Eliza Roy
from incurring indebtedness to the
amount at any one time of one thou.
sand dollars or over without the con-
sent of plaintiff herein, /" concludes the
nine-page majority decision, "consti.
tuted an abnegation of her legal rights,
without benefit to plaintiff, was an un.
reasonable restraint of trade, and is
therefore void on the ground. Of public
policy. 49,. 49,.
\ ,"It follows that, the condition being
void, an action based upon a breach
thereof could not be maintained. The
reason advanced by the trial court for
its decision in favor of the defendants
was erroneous, but the conclusions are
correct and will therefore not be dis.
turbed. Motley VS.. Motley, ante p.
724.) The judgement of the circuit
court is affirmed"
Associate Justice Quarles, in q separ.
ate concurring opinion, says in part:
1.-THE plaintiff must plead valid and
legal contract. The condition of de-
feasance being contrary to public policy
and void, and so shown upon the face
of the complaint, no question of evil
dence is involved, the only question be-
ing, is the plaintiff entitled to judge
ment upon her own showingi =.
"The trial court held that she was
not on the ground that the notes sued
on were released by said agreement.
The conclusion of the trial court was
correct. To hold otherwise would be
equivalent to holding that plaintiff is
entitled to judgement by reason of a
contract against public policy, thereby
giving the consent of the court to the
enforcement of such contract. In my
opinion the court cannot do so, and the
judgement appealed from should be af.
frmed. -
Chief Justice Disagreed
In dissenting, Chief Justice Robert.
son. says: "Wherein an agreement
made with her daughter by an elderly
lady living upon her own means and
upon her own premises in country dis.
trict, who does not appear to have been
engaged in any business, trade or pro-
fession, upon a valuable and adequate
consideration, that she will not incur
indebtedness at any one time in excess
of $1,000, is unreasonable, oppressive,
immoral, or detrimental to public in.
terests or welfare, I humbly confess
my inability to see.''