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The Hawaiian gazette. (Honolulu [Oahu, Hawaii]) 1865-1918, December 20, 1882, Image 4

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83025121/1882-12-20/ed-1/seq-4/

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I
AMERICAN WATCH CO.,
.Iwarded GOLD Medal
i- - i - -a 13 i i- So' Ifl h- American
V i, r it' IIM .i a " r-TTmvtr i Tr.r "-- arr arx-otti
i.t h. l - ; r;r" wn: the ExklMtico
i . . . Su- . .la.E feXITH-ltiatrmao
31' we la rt! torn.' Exkibititc l
AWARDED FIRST-CLASS COLD MEDAL.
The Onlj Gold Medal: also, Two Special and
Pour First Prizes for Watches.
. ... v -.':- tu.r. v . ... 11-,. ..n, EiVhltfctn Iwairfm la lk
1 j ii " - tl. tJSJ HSllTKMATlT3F.. l.t IMxree of Seen
t nrD it- -fVr-,. vi sour. ir . ovrxj.sATIMi niuvfv 1 ""pee-
F7vrat ir .jtNi t ut i "t i min "i eni r . 1 i.
i. AT K A1- D-;.-... M Her-' ami! -r. J! JIfttB
na th.r. rn several Worthless Watches
. - r r m&rla UMannim Watches. wp.M( t. p.k a. craouc
iSS TV aJaW are aifi.i .oaava " iV fan T t. i t-m.. aunutawre. and mM for
Agent for tho Hawaiian Islands.
1
fjt?
JOHN NOTT-
At the Old Stand. No. 8 Kaahumanu Street,
TIN, COPPER & SHEET IRON WORKER
PIiUMBrN'G, in alljitsbranches ;
Artesian Well Pipe, all sizes:
STOVES AND RANGES
A r 1., jj. .. - 1 Tt Ti-An- Rota. Its'- Cuntce. GrAnJ rnie.
3 .- r trr vfnccr ra"-r t Am j Kai. Msn t-Mrtct. Itact,
iW . C.i.M Iron Watc Sicid rutfjaad linn
GRlvanized Iron Water Pipe, all sizes, and laid on at
Lowest Rates: Cast Iron and 'Lead. Soil Pipe.
Souse Furnishing Goods, all kinds;
ilLI SI7t 1ST 1tEAII.
Aar 1 tmm ItDsfw ?v-i Jx-up liKvrui(i inra. Sbi Copjxr. lSbH Lc&J,
Chandeliers, Lamps, Lanterns
Qtnrral $jmhaiiiit.
C. BREWER & CO.
Offer for Sale the Cargo of the
Furness
Abbey,
Tk. rrfk-.i.t Uit of XrribaallK
Curd Mntches,
rnm' Kotlm. BHa BEST rLifTlR.
FRANKLIN STOVE COIL !
Hair Mattresses,
Double and Single ;
BaJm ef xcHler.
NESTS OF TRUNKS
tECOXD IIAXD
SAFES!
In tiwd On!'T ted at ExtrrAjely Lwr mm.
Washington Chairs,
Frazer's
Axle
Grease,
a cnoicE:-Ei.Ecno:oF
Carriages,
Photons,
Basliet .To r s
Cut Under
Carry-Alls,
Erunnell Top Buggies
ALM, rES ItAUK
" EDWARD MAY,"
Velio rtal, IS, 20,2, 54 OCBCTf
Grocerers'
DemocratWagons,
Wagons
Hand Carts, and Oz Carts
ALLIlFTIIi: ABOVE
Goods are in an Excellent
Condition,
ndni1l l-e0U) WW, to Cloc Con'IfB.
mtnU.
S 1 C BREWER CO.
WILDER & CO.
Importers and Sealers in
LUMBER
BUILDING MATERIALS !
Ol- AI.l. KIMIS.
IUST RECEIVED
LATE ARRIVALS
ARGEAND WELL-SELECTED CARGOES
EST ATiT iTSETFIT) I3ST 18 SO.
J. W. ROBERTSON & Co.
Importing and Manufacturing Stationers,
Publishers, Printers, Book-Binders and
AEW,6 DEALEKS!
The Oldest, Largest, ancCChcapcsCStationery Establish
Kfhment In the;KlnRdom. Kecplconstantly onihand.
1 Vlllk L.4KGB Assortment of ST ATIOXRKY
ii or yn SoscrlptlOniA. -
In Our Subscription Departm't
ALL 7JIE USUAL STOCK SIZES
IK
SCAKTLING.
TIMBER, FLAKE, BOARDS,
FEKCISG AKD PIC KITE
V LSO. OIV IJVTVT)
A Most Complete Stock of
A FINE ASSORTMENT OF WAIL PAPER
UT1TT1 1.1 A.
KAILS, LOCKS
DiniiiMiiiiFraiBniTiiiT
We Stake All Description Blank Books,
t &:-.; roc TlM' XMtl.t BnUltci TtfOk Pj Roll lkot-
HamgaFirst Class Ruling Machine
In the PRINTINC DEPARTMENT, we are prepared to do ALL
KINDS OF BOOK AND JOB PRINTINC.
BOOS ORDERING DEPARTMENT
.? O'jc : jirszc : mxtsiv :
t. Xmi ril m wilt nuVli t i.?ri m fcu4 a Fiar A-
EfSUKASCE T
COXFJlSX
OF CAUFORNIATga
Assets, : :
Iioococ Paid, Over
i s 81,250.000
: : : $4,500,000
THE IxARGEST PACIFIC COAST CO
ttmiUiae piUit p ttj: Tfrfartr-fl TPr rii"' ttTtii Ti 1 mktt4 for a rrrt! of Ttw Tran Ir Tc
wam l! almn. V aM wntr iM JIKaAa41ae lT irl-.1 YeAk. brttf Iki rwt a tac
w. ii ti. I fTBMii i If I MamiiaTlin li 1 1 ii i t CnL or mate oa. Ike oo&4 Valar jf tbc
Vata tayaK C rwt a it? aa4afyarpatr4iaaaV-oaliaciCaTtrtay Salpcat Trtma riavtatieaa
samara ta naa iiuwiKa. uKxmKMrKmw'itF'"''
3 1C3 SZ8XXOP cfc Co Lcozxts.
tsnxs.
NOTICE
ivn- AJ.UEirr g. EixiS irjxi.
Knvi COWXE.a"- s of r " SnSB!U,Ee
TKtt)T DOLUS X,C,
all
BUTTS. HIK0ES,
BOLTS. SCREWS. Dt
DRV REDWOOD
ScantlicE; I'lisk, tatftct And nrngb
lloanlf, eorfACed and rocgli; BAttens,
Ficlttf, Kastic, LaUkt, ClApUtArd.
A1-S04I51SHHB.
Fant and Whitewash IBrushcs
mirri:zicT.
rAIXTOIU
METALLIC AND OTHER PAINTS
Class.
Salt.
Firewood
DOORS SASH BLINDS
1L1.MZD.
Of Eastern and California Make.
VOtl SLE IX" QrAXTlTIES TO SflT
"FT. el w a 11 a n
BELL
TELEPHONE COMPANY
1 roniMHiATrn dec. m. ism.
c 11 m-nor.
V. UILDEE.
Fuimir
- . Ykx-I'azmdxxt
TK ABC SOW rKKPABED TO U1L O
WrrlaVafa7BilirUvuWl to mrt private Trlo
balc lime w. tht otarr lUno. Far Mrticalan,
atplT to ;.u. ubiniLK.
SALAMANDER FELTING
CoveriHS Beilcrs.StcaB Pipes
ETC ETC
Saves 25 per Cent, of Fuel
PRICE REDUCED TO S7.50 BBL.
THEO. H. DAVIES A Co.,
PARTIES HOLDING LEASES
- or ast or-
Moehonua's Lands
y Aw rrqacrtrd to ttrttmaikAtr wftt
D. K. FYFE,
WEDNESDAY, DECEMBER 20. 16S2.
Saprama Court of Uta RawsUjoi Iala.nd-
u tMacawucuDtr iem loss.
E.FnteiiiuT.lI.Hackfttfetid. Opinion or
the Court, bj Atirtin, 3,
ThliMMnvnMMfnn a ctn iiwmI from the
deciskm in Eqtiitj by tte Vk CbaitreUor, Mr.
Jutic McOitly, alaict tlie pUintiff and trr
ItnU Tla relief sosght m is the natcre ot u
aocoastiiic brtrwn partners, and a claira that hy
roch an aooocntinf; a balance ot abont thlrtj
tboQsand dollars voold be found doa to the plain
tiff from the def rad&nts, for which a decree vaa
aaked. No relief wa cranta.
t'poo the arpeal cev cridesce vaa taVen. and
ve are tKyw to examine the issnea anew.
Tba plaintiS and def endanta entered into part,
twrthip at Honolnln 00 the first dajof September,
1S71, aa Otneral Sbirpuie. and Comnusaon Mcr
cbanta, Agents and lioporters, and continued the
pirtntivhip tmtil the Slat day of Acrost, 1S78, hen
the same wu dissolTed by isntnal consesU and
the plaintiff retired from the firm, barim; executed
reurrac acrremect Deaximz oaie on unit ost,
herebT the btuiness was to be continued by the
defendant!. The interest of the plaintiff in the
basin s sjwU of the firm vat one-cixth. and of
the drfendanta fiTe-atxtns.
Bj the termi of the retirinj; acreement it was
provided, aroonc other thin(s. that the boots
ahonld be closed on Austin Sl 1S7S ; that M Alloc I
atandinc debta, such, aa book accounts, bills re
eet rible, nxjrUwr and all other Talnable matters,
are to be cart fully examined ; and mfter writi-f ejf
ltawv (lf may ht Ajrvrfraf ar r itit, are to be
eamed forward as balances, so that at any future
time tkrw ? ht ttnlfJ, and there can be no doubt
whether' the claims hare their origin lcfore or af
ter August SI, 1S7S. A part of this, the ecm rf
$230000, is to be written off on a M Reserve Ac
cotmt, in order to cover losses which toyoecnr,
and not foreseen.
"After all accounts are regulated in above man
ner, and the balances earned forward, the result
obtained shall be regarded aa the capital of the
late partners on August 31?. 5, in wtucn -ur. r.
has one-sixth share.1
This provision of the contract was carried out,
and the ona-smh share of the plaintiff in the cap
ital was thereby a&rertatned, and agreed to be
$0,511 70. The main part of this capital consisted
ot accounts against sugar plantations and their
owners.
Payments were made to the plaintiff from time
to time on his share, and ccrrcst accounts were
rrndcrrd to nira tr tee aeienaants: ana up to ana
including March 15, I&O, the date of the last ac
count rendered, the share of the plaintiff in tha
capital had been reduced, maiulv by cash pay
menta, to the sum ot $305 CT. No account was
thereafter renaereu to tne piaintin excerx tma
action.
In tb anr-rriiiLs as m rrwvnted to the ulaintlff.
Ldittle if any ot the asaets constituting the capital
laa Ejeen rriiieii as tvws. au ia uie viunm
and exhibits now before the Court the defendants
claim that large 1 oases of portions of those assets
hava Mttorred. EDneh createTthan the reserve fund
of $25.0.0, which the plaintiff, is proportionally
obliged to bear, and that so small a part of the
Daiance 01 uoee aswia cas lkvii iiu, sou luo
rtsidne thereof remains so uncertain and insecure,
that aa a matter of fact the plaintiff has been
alreadv larrelv ore maid his fair rrorxirtion ot
assets realizea and made secure, and that there
fore there is not him: now due him cither of prin
cipal or interest; and the defendants claim that
thev have the right to determine, under the con
tract, whether accounts unpaid are secure, and
that their determination shall be binding in the
plaintiff for the purpose of an accounting between
trm ana mem.
The clauses of the contract which, bear upon
these points are as loiiows :
The partners remaining in the firm assume Mr.
Furstenan's share and dispose of it an fv vev
aorrt if umotHirt tlemtelrt, Vnli. Mr. E.
iViTRtecan makes over all and everv claim to the
asMta and liabilities of the firm to the resuming
partners."
" The partners remaining in the firm bind them
selves to Mr. E. F. to collect, wind up or secure as
far as possible, with createt care and conscien
tionsnesa, the outstanding accounts ascertained on
August Slst, such as book debts, bills, mort
gages and other claims of the firm in order to be
enabled aa soon as possible, to pay Mr. E. F. Lis
Until the whole of the ontstandinc debts and
claims are collected or comretelysecnred. all
pwcra !UlCrkCM iTimr A-aJkC tiiuti Aoif ,
remain responsible for the due payment and coro-
piew aecnremeai o. aanir, rv mi a, vi uiru Mi&irt.
Until the eomrdete windincirn and secureniFnt
of the ootstanding claims, of whatsoever kind, a
current account is to be kept with Mr. E. F. from
September 1st, 1S7S, in which he is to be credited
with interest at six per cent, per ar.nnreT until the
settlement ot the said outstanding claims. The
pavment of his share in the capital shall be made
JO sir. X. t . a louowa 1
X tvpteniDer jpi, in?
V March 1st, 1S79
if September 1st, 179
V Marcn 1st. ISfO
thrrr are H farther mruime titan
art corrrtJ hv the abort wrftlteara mm c $25K.X to
be written off on reserve account. As soon as the
said reserve account can be regulated, Lfc,w txxm
at if it Jkoni that lacxs ariei? emt f tkt ciai
Itfore SrtJrmlerlft. JSTS.rfawef rmcJt fie fYSfrrerf
timommt of Mr. PS $Xart im f 7 balauct lf
tit eorf rrwrrr atrvnttt tXalJ lepntJ ot to him. In
terest in current account shall be remitted semi
annually to Mr. E. F. at Bremen, until the account
u closed." .
It is agreed that the moneys that may be Tine
E. Fcrstenau of his share may be paid to him
sooner than above stated, if the partners that re
main in the firm and enter as new members declare
that thev recard all outstanding claims as secured."
me following cianse ox ine parroersiiip agree
ment of the present firm bearing date Julj :51st.
issu aiso mates 10 tnese points:
"All assets and liabilities of the late firm ere to
ba aaimd br the above, named mrtners on Sexrt.
Itt, 1SS1, with all legal liabilities, advantages and
chsadvantages, as they shall be ascertained by the
balance sheet which snail be drawn on August 31st
next. Those profits and losses which shall be as
certained nrtu August Slst, a. c, are to be for
account of the late partners. In this connection
it is agreed that (A) the stock of merchandise is to
be assumed at a fair valuation, etc, and (B) that
of the plantation accounts, those of Ulowaln, of
Armstrong t Pratt, and Lilikoi plantation account
of Chr. L "Orange, is to be excluded."
in rrmaciM-mr tne nowers 01 tne aeienaauu
under these provisions, it must be borne in mind
that the defendants and their new partners have
five-en tha to the plaintiff's oce-sixlh interest in
the assets to be collected and secured; and in the
absence of frand it is to be assnmcd that every act
of their relative to those assets would, in their
best judgment, be done for the purpose of helping
to realise the payment of the whole thereof for the
benefit of all concerned.
Ftuthermore, it is xn proof inat tne piainun is
linnr in Gerraanv. where he went after the retir
ing contract was xeade, and has since resided
IY. Mr-wBlAovlrtr tVa -VmJ CM MS M find DO Cvi
deuce of frand or wcliccnce an the part of the
defendants; or Rnything to show that they have
not, as the contract witn the rUmtiff requires pro
ceeded to - collect, wind up ot wcure,aa far as
rossibla, with greateM care and eonscienUasnesa,
the outsUndinff artounts iiMiertained on August
81st, lrs, in order to be enabled as noon aa possi
ble, to par Mr. t. r . on snare in itw progeny w.
the late uxxuS
On the contrtrv we think that thoae acts which
the plJntiff criUciwa were done in the utmost
good faith to aid to accocopJUh speedy settle
ma&t in full with the plaintiff.
On looking over all the accounts it appears to us
that the items marked off are properly so marked,
mrl conceded!; they far exceed tba amount held
in metre; and that the items left are properly
held not yet tally secured, and that the turns col
lected are comparatively so small that the pay
ments of principal to the plaintiff have been ranch
greater than he could have required to be made,
and that in justice there is nothing of principal
dae him.
Tfc wtfrini- rtvitract tiro Tides as a noted above.
that until the whole ot the cmtsttnorag debts and
claims are collected or completely secured, all
partners interested before Sept, 1st, 1S78, remain
responsible for the doe payment and complete ee
rarement of pome pro rata of their share
Under this clause, it is possible in case of unex
pected and disastrous losses that the plaintiff may
have to return to the defendants some of the
moneys he has received upon account.
The question as to whether the plaintiff is not
entitled to the payment ot interest is one of more
difficulty. As is said by the plaintiff counsel,
conditions are annexed to the fpecLfic undertak
ings to pay principal, but none are attached to the
inerlaking to pay interest. The contract says:
Interest in current account shall be remitted
aemi-annually until the account is dosed."
The interest to be paid is only six per cent. The
interest chargeable upon the capital by the defend
ants is much greater. There is nothing to show or
properly to imply we think that this remittance of
interest is to depend upon the collection of interest
cron the capitai We think it most be presumed
that the defendants were bound to take the risk of
periodical remittals ot interest.
I ron account designated a1 now standing at
-$254,3CXXS. which is an increase the defendants
say loai were vaa airoca oui ana auoweu oy utn
to the debtor nearly the sum of sixteen thousand
dollars interest due, to encourage the debtor to
tatcr exertions towaros toe iiquioation ot tne
bt.
We think this was rrorvrlv done : but the claim
ot the defendants counsel that this sum allowed
should be applied first as against the plaintiff, to
his demand for interest, we think was not intended
It the contract.
It should he arnued to the csiutaL as beuu a
part of a debt written off tike the other case of
vnunc off debts referred to.
Tee defendants counsel further claims that if
interest were due and were absolutely agreed to be
paio. 11 mignt nave oeen recovered at law,
e mint wis is so. e uuns: However tnat
there was a rood reason for bringing this action
in equity. More than two years had passed since
the ultimate time fixed for the payment of the
plaintiff's entire demand, subject to the condition
above mention, o iniormauon as to the dondi
tion ot the account had been foml&hed the Plaint
iff, except that conveyed by letter dated Sept. 11th.
icw, nuru cukui j. wojcaniDoi a aetaueu
account, not intended aa such, nor account-current
had been given to the plaintiff since March 1st,
1SS0, and no interest had been paid since then.
On arnlication to the defendantii bv Mr. JiNvr
the authorized agent of the plaintiff for an ac
count 11 was uTiawa on toe grouna tnat sncn an
account would divulce the secrets of the firm, and
the agent was informed that there was nothing
due the plaintiff of principal or interest. Against
these, refusals the previous denial of defendants
desired interne ws, by the plaintiff in Bremen baa
muewfifiou inai aentai occurrea alter tne re
fusal of the defendants to rav anv thine on either
principal or interest, and we cannot say that it
wax not cxcosADte.
e think the defendants craned for ref nul in
account was untenable. The plaintiff then bad a
right to an account. It the bill was proper! v
brought, and there is any thing due the plaintiff,
under well established rules of equity he is en
titled to his decree for it with costs.
vt e therefore think that trie nUmtiff la nt it..
to a decree that the defendants pay him interest
on his proportion of capital as shown by theast
definite account furnished him on il&rcn 1st, 1S80
down to March l5t, 1822, and since then to Sept.
on his iwportion of capital after deductions
made as shown m exhibits G. J. H. on file.
And the defendants should continue to furnish
semi-annual accounts current to the plaintiff until
uir nnai Bciurmem reiwcen tnrm.
11 XTfSton and r . M. Hatch for rtaintiff. A. S.
Uartwell for delendants.
Honolnln. Dec 11th, 1S&.
Orcacrx or McCrxxi, J.
The Court in effect confirms the iudement erven
in the first instance, except in the matter of the
payment of interest, and thereupon ordering an
account to be taken to ascertain what amount of
interest mav be due.
The clau8 in the retiring agreement regulating
me payment 01 interest, are in tnee words ?
JLntll the coxsruete win dine nn or seenrrment
of claims of whatever kind thev may be there will
I kept a running account with E.Furstenau from
September 1st. 1S7S. and six rr cent, interest
shall be credited to him up to the settlenlent of the
above mentioned claims. Until the
closing of this account (of the assets) the interest
shall be remitted semi annually to E. Fcrstenau
to Bremen.
The rrecise intention ot the narties in these
clauses of their contract must be ascertained by
examination not only of the words before us but
of the context ot the whole instrument. We have
seen that this was. in brief, to this effect, vix
statement of the debts then dne the firm, that .
r urstenan owned one-sixth of them, that the re
maining partners would with discretion and
there, and has not returned. If any question arose
as to what to do to secure or collect any of the
capital assets, the plaintiff was not at hand to can
suit about it. And we hold, after reading all the
rrrcvisians bearing on the points, that the plaintiff
intr.drd to rrant the rtower to the defendants and
their associates to act in the absence of proof of
fraud or gross negligence, aa tnocgn nis personal
consent were riven to all thev did.
We also hold that, for the purposes of account
ing between the parties, the defendants had the
right to mark off debts they deemed lost, and
tnereoy to witnaraw inose amounts trom me ag
gregate capital to be divided. They could judge
hrttr nf this than the nlaistiff. He could not pos
sibly personally know anything about it. He
granted to them his right to act in the premises.
Of course be still retains his share in any claims
so marked off, and any future nnexpected collec
tions wm be suDject to a mvuian wun nun, untu
a null settlement snail oe maoc
The plaintiff rlMT that much more of the
assets have been collected than is admitted by the
defendant.
1st The Plaintiff claims that certainly witen tne
changes in the partnership of July rist, 1SS1, were
made, the paragraphs we have above quoted from
the contract then made, constitute, aside frcm the
plantation accounts therein specially excloded, a
sale ot the whole of the capital assets in which he
has a share to the new firm, and thereby that the
wTini war anrwtariiiaiiT rminriHi.
We think this is cleazir untenable. The lettinc
in of new partners was agreed to by the plaintiff.
The plaintiff asks an accounting as to the sums
paid in by the new partners if any and claims to
be allowed for his part of it. This cannot be done.
Incidentally he has the advantage of the funds
paid in if any for they make it more sure, that
advances will continue to be made if thought best.
in order to try to secure the payment ot his snare
in toe outstanding asf ts.
2nL acooont - B. as desknatedin the otnnion
of the Vice- Chancellor, when the plaintiff retired
stood at $61,457 JXL The plaintiff claims that it is
collected in fnlL
ltmo this point nev evidence was taken before
us. The plantation upon which this debt rested
was incorporated since the last account rendered
to the Plaintiff, and some of the stock was sold for
easfa, and the amount paid over to the def endants. J
nu i. vas aauiu uia an puiixs iuu ui uu rat-
lied were credited for the benefit troDoruocallv,
of the piThff and we see no reason to doubt this
or wax we balance unpaid stapas as snown.
ine reurinc conxracx rrowies uat au sur
pluses over the Advances made after the 31st ot
"Angnft, 178, for the purpows of eejrying on the
plantations and securing the advances made
M before that date, shall be credited aa payments
"tn account, until the whole of the outstanding
-claims are settled, or maybe regarded asper-
IWUt seeored.
The plaintiff would seem to claim that the de
fendants had no ncht to indce where to make
such advances, and that when made they were at
the defendants nsk. This is not so. The plaintiff
also ctT"t that by incorporating the plantation,
and selling the stock the defendants, in effect, by
the change in their security, collected the whole
debt. We do txit think so. Wethink the clauses
from the contracts which we have creotec author
ized we inoorroratinc of the plantation, far the
pojpuse ot trying to secure the outstanding debt,
and that the evidence, though meagre and not
specific shows as w have said that the plaintiff
ana tne oereraiartta nave received an equal propor
tional benefit therefrom.
3d. The plaintiff d that the acount desig
nated e. of v&vS&XG must be considered collected,
because although it still stand unpaid in whole
yet we oexencanu nare xoaoa urge advances bo
that the debt now stands at $5&S4.17. and now.
since this suit was begun, have bought half the
plantation at the pricejof $110,0001 The piawtrfTf
counsel quotes from the original contract which
provides that real estate or plantation propertr
shall not be percbased without the consent of all
we partners ; and says this covenant haa been
violated, and so the debt must be deemed collected.
The evidence shows that the advances and In
vestment were made beeauseot,and with reference,
to the collection of the original debt. It was made
for the benefit of we Plaintiff as well as of the
defeodanta, and any profits azismg from we pur-
ooaaa uk SBizat icuciiw vu va un jmiiinw ui
any way. after first cancrfmg all new advances
made to carry on the plintation for the benefit of
the parties hereto must then apply 00 the original
debt- We think the retiring srexnnt fiivea f all
power to the defendants to bind the plaintiff by
such a purchase made with auch ,n object tor
si rails r reasons to those above grren to justify
other similar acta. For tike reasons to those
gtatetT. the plaintiff's counsel demands that ac
counts -c" $S5-t and -j." $3321 shall be
treated u pua in xuu.
Wen regard to both of these the defendants
delejrained what to do, according to their best
. xorwe Decent oc weeacives
If airr loss of tba oric-iml debt
occurs thereby he must bear his share. He cannot
xpect the def endants to take all risks, and if any
thing i thereby earned to divide it with them, and
if anything is tost, (not of then own advances;
that they Bland aloe, but) of the first debU that
the defendants shall stand it alL Thu woojsl be
the hexsht of unfairness. The putntig cannot
eex us c&xe ana nave n to.
"Pioneer" Line
FROM LIVERPOOL.
dilirence collect the amounts as far as thev could.
ana wouia remit to x r urstenan nis snare 01 wuat
they actually collected, he to suffer his share, ot
the loss of such accounts as were lost. It was
supposed there would be losses, but the owners of
the five-sixths did not make themselves responsi
ble, for jyiy loss, to the owner of the one-sixth.
These amounts were chargeable with interest and
the interest from Sent. 1st. 1S7S was kvpt separate
and one-sixth part was to be credited to H Furs-
xenau up to we settlement ox we strove mentioned
ow a settlement of the claims mav be bv a
total loss, a Tartial realization and Quittance, or
payment in full. It must be considered that the
agreement contemplates this, and that certain of
the accounts, c d. and g. have been settled1 by
total los. Until settlement, the house charged
the debtor parties and credits E. Fnrstenau in
his account, and by the agreement is to remit It
eemiannually. It will be granted I wink that the
defendants are not bound to pay interest after
the prmcrpal has disappeared, and it must also be
considered that thev are not to nav interest al
though it has been charged no to we debtor and
credited in E. Furstenau's current account for a
considerable period of time before the hope of
collection is abandoned and the account written
off as a loss.
If in a case of wis kind thev shall appear to
have, remitted in excess of what proves to be
good principal, I hold them not bound to remit
till interest has accused in excess ot the deficit.
If there might be some difficulty in keening the
current account exactly paid up. I should hold
that on the final settlement with E. Forstenau he
shall be paid only his share of actual realizations
made and interest on them at 6 per cent.
I cannot take the view that the account stated
at E Fnrstcnsu's retirement from the firm is to be
treated as his capital, on which he ts to have
per cent interest, without regard to what the firm
mav realize.
The hicher rates charred on the accounts is
the compensation ot the firm for managing the
business.
With this expression ot mv views in addition
and somewhat qualifying what is written by the
ASTOR HOUSE
DINING AND
LUNCH PARLORS
No. TG and TSJIolfl Street,
HART BROTHERS, Proprietors
Board y the Bay, "W'eelt or Transient
Cigirs, Cigarette and Tobacco,
Soda Water and other Iced Drink,
Meals Served in First-Class Sty!
at a li. noras.
HEXBYJ.BABT. 325 9 ELLIS A. HART
AOL.LISTER& GO'S
GINGER AXE,
Soda Water and Sarsapsrilla
IIt. nntr Vn Equlle4 or Eiccllri for
PAritj or Excr Urate of FUror.
Only Pure Fruit Acid
Pure Fruit Flavors, and
Pure Filtered Water,
rXEDIXTHE rKEF4KATIBX or.
Tlint DEI.IOOIR nKVEBAtiES
Priooai
GI'GEB ALE a Iteu per Una
iODA WATER , SOCraU paDozn,
SAESAPABILLA . ....SOCnUprtDoira.
HOLLISTEB & CO
WHOLESALE JL5D RETAIL
DRUGGISTS
AT
Tobacconists,
r 3 2SCTA5C STKEKT.
KNOWLES'
STEAM AND VACUUM FDMF8
TirE ITXDERSI GXKD HAVE JCST
t wired per Any Timer, from Borton. a f all as
ortacntK t&eve celebrated fajp, rfelch mrt mma
teed t be cheaper sa4tmcr tttsa aar other style mt
fvap iBparted. ff call the atlntioa of Uatert par-
nnuriT w ue Kim nap, wbks im ms coapu
CfillZWIE Jt CO.
El ME 4 GO
OFFER FOR SALE
Prom the Cargoes !
or THE
Bk "OBERON,"
AM) ..
Other recent Vessels
the roLiowtso
DRY GOODS AND CLOTHING
rrinis of latest tjlw, fast colon ;
Blue Denims, Wliito Crodon SheelioR
HorrocV'a Look Cloths,Brown Linen Drills
Tare Linens, Molcslrins,
Itlne and While Check Liatadoi,
Fancy Dress Goods, Fancy Plaids,
Russia Crash, Scarfs, Ties, Cravats,
Crochets and Fancy Work,
Towclinrs and Towels.
Men's White and Brown Cotton Half-Hose,
Ladies' nose, Men's Ready made Clothing,
India Rnbhcr Coats, Caps and Legsinjs,
liegitu and woollen blurts,
Blue and Grey Horse Blankets,
White Cotton Blankets.
Woollen Blankets, all colors, sires and
weights;
Woollen, and Canton Flannels,
Wlrct and Tanestrr Carnctmcs.
Velvet and Tapestry Rugs, Carpels and
Hats,
Sncar BAGS 20x30, Coal BAHSj
Large and Small.
Eice Bags, Prime LQuality
Heavy and Light Burlaps and Twine,
SADDLERY
A Full Assortment of
GENT'S SADDLES
Also a few very nice
LADIES' SADDLES !
Saddle Cloths, Bridles, &&
GALVANIZED
CORRUGATED ROOFING,
In 6,7, aad 9 ft, lenjthi (21 snase). Strews
and Wtihers to statch.
DFtoofiaoLgr Slates
Fence Wire, Xos, 5. 6, 7, and Staples.
hid 'ii ii use pirns
Bolts and Spikes complete.
rire Bricks, Portland Cement,
Klre-day, Whiting, Chalk,
Yelloiv Ochre.
English, Hawaiian, and
American Ensigns,
3, 5, and 7 yards lengths.
Liverpool Salt & Rock Salt,
Demijons, 1, !, 3, 4 and 5 gallons each.
Galvanized Buckets, Tubs, Basins, etc.
Crockery, Iron Bedsteads,
ZINCS. PAINTS AND BOILED OILS,
Worcestershire Sauce, Groceries,
English Leatherjklting, from 3 to 10 in.,
superior,
Topsail Sheet Chains, "Admiralty Test.t
Sixes, H, V. 7-10, H,
FLOOR OILCLOTHS,
ALBS,
WINES AND LIQUORS
V .1 Vs I
"Tig Brand" Stout, in pints and quarts;
Guinness' Stout,
Blood & Wolfe's Ale, pints and quarts;
Bass' Ale, in pints and quarts;
India Pale Ale, in pints and quarts:
Belfast Ginger Ale,
Fine French Brandies, in hulk and cases;
Hennctsy'e Brandy, in cases " &
Old Tom, Cheap Brandy in cases.
Cases Scotch and Irish Whiskies,
Duplessis "Red Bar" and other Fine
Clarets in cases.
Best Sherry, in bulk and cases;
Champagne in quarts and piots.
Powell Diiifryn Steam Coal
&c &c! &c &c
TUEO. II. DAVIES Jt CO
UTew Goods by Late Arrivals
FROM SAN FRANCISCO,
NEW YORK & ENGLAND,
Received by Castle fc Cooke
ALSO. TO ARRIVE BY VESSELS DOE FROM ABOVE PORTS, AND
Toiix Soid at XO WEST. KATES
GOODS
Suitable for Plantations, Country Stores
Or FAMILIES. Orders Filled at Shortest Xotiio and with Satis,
taction to l'nrcltaers. Attention is Called to Our
Improved Paris 3?L,0 :W:
TIIE ONLY OENU1NE rABIb PLOW, .MADE OP POL! fell ED CAST &TEEL, snd UnirantiHil
Kqcit.lt not littler, than sny Met, DivaUa-Plow In the Market. Alio, other makes I
Plow on Hand of Molme PlowCoJoun Drtre Jt. Ctx, Jte. OaatrPlowt.
Horse Hoc PUnrt Jr.L'ane KdIvc. msdeof beit tecl toour onler; l'Untm' IIoe, u. 1. a ud a- awtk
ottl. Axe and Pick Mattock, Pick. Hoc. Adze. tx. Axe aad other handiest Baldwlo Veed L'nt'tr.
Leather lielttn-, 3 to 12 Inch, beet qtulltj: India Kabbcr Hom, M, fi, I, I Ji. ,nd S !ncVOx Yoke.
Ox Bowi, Ax Iff. for hone and ninle cart: Portable Porre-, liable AnrlN.X'anal Bairfrwa
Soanttoii and Asbevtos Meats Pactlur, He-t Plat India ltuttber Meam latkJnr. K to U fach
Pabbet XeUl, Lace Lvathcrand Laetn-, India Habber Mcam Picking, round and M&are. all'tlzes'
Asbestos Boiler Corciiuj and fctruu Plp do Machinery Oils: lard, castor and cylinder; Seat Poot OH.
DISSTOITS CELEBRATED SAWS AND TILES, ALL SIZES;
Spear Jt Jackson's and Stnbb'i File, Hammrrs for Carpf nters, JIachInlU Blacksmiths Jt UorMahocrf.
Cot and Wrought Xalls, all Uea; Horse and Male t?hoe Nails, Ualr NalU, Cut bplkes, Uor Jt Mole Shtes
Latest Improvements in Shelf Hardware
nubbact's BL OIl.atYfry Low ltdtcs; Hnbbock's White and Krd Leads. Zlac, Small Palnu In OIL
lllakeMinnfactorinsLVsMeamFecd. Irrtatlnsand Vacnnm Pumps, Weston! Patent Centriro-ala
Barbed Wire, Tlaln Fcnclnj Wire, Oalranlied Itoonng. ' venuitBsan,
STAPLE JD Gr O O X JS !
Denim. 8and9oi; Ticklnc, A C A. Band I) Bleached and Ubbleachnl Cottons. Rossla Diaper,
Ilrfflrn and Bleached Drills. Linen Sheetlnr. Mosnnlta Lace Net. Kin and Srartrt Klannrt
A Fine Assortment of White FHnelt. Also,
STAPLE GROCERIES, Golden Gate, Star it Superfine Flonr
Colombia RiTcr Si!moa, Tro Eeaof. Alto, California Lime, rortlaad anil Iljilraalic Cement.
For Kerosene Oil We Offer THE PATACE, and Guarantee
it cannot be beat foi quality- or price; also, THE
VUXCAN, a good oil and above test:
WOODWARDS BROWN'S CELEBRATED PIANOS!
The Cheapest (!ood l'iano; New iraveu Organ Co.'s I'arlor Organs.
K3
tw.
GREAT ADDITIONS
TO OUR FORMER STOCK,
Ei Suez, Kalakaua & City of Sydney,
Ship Chandlery & Ship Stores
Cordage, Hemp Nanlla. Cotton Dock,
Flax CiaTas, Flax bail Twine, Beeswax.
Block. Oars, 8 to Sift; bnackltf,
Bale of Oakum. Hooks tnd Thimbles, Club Blocka,
tnatch Block'. Iron Mrsp Blocka, Kow Locks,
3tat Beads, Metatise and Patent Bothln;,
Milew, asitd. alzes; btockholmTar
Pileh. Coal Tar, Tar OU,
Brlzht Varnish, BlatE Varnish,
Vlre Kfczinr, Marline,
Seizing Hocsellae. BatUa,
SpinTarnt Caalkin Irons. Copper Tacks.
Iron Tacks. Conner tine Links, Marlln Spikes,
Caulkinr MaBeU. Mast Hoops,
Hand Spikes. Pitch Mops. Tar Brushes , te Jtc
Paints and Paint Oil
A Fall Assortment of All Kinds and Colors;
ractftc Enbbfr Paint, a new lot including all the
Tsrtons colors;
BRUSH e: s
Paint. Taraib.
VhltfiTAth, Putf,
e GOOD ASSOETMEST OF EACH
Pencil,
Artld.
and bab.
BOIXKJKA SACSAGE ISI TIN CS.'
Jut at Lud. (ma ad la pofect vrtxr.
ns boixsi Jt ixi.
Aacos cfc JZTcxtclaoXs
WOOD AXD sniSGUSOj
Pn L AND SIDE tICnTS-Te BctWa-
tloa Article;
GROCERIES fc PROVISIONS
A Fall Assortment of Fine Groceries, Indadlos
tome Choice VaiicUe of Canned Goods:
Table Pie Fruits. Jama and Jelller, a new article, put
mp vj a new um, ana "c can oixniTircmnmrna
them aa bci&s aometalns really nice;
A New Lot f Teas. Inclndln- some annerior Japan
raneues; c u wajv nennca ann iuw;
Dams, Bacon, Lard, Smoked Beef, la tin, new article;
CURRIED FOWL,
CTREIED OYSTERS,
PLVX FCDDING,
KITS SALMON BELLIES,
KITS XACKXBEL,
KITS TONGUES AND SOUNDS,
Codtth, Cheee. Oxford Sansarc, In lias ;
lUlsiaa. la . U and half boxen
Kalficj, In UBi ; Curraiitf, In 4 Jt 7 lb. tins ;
i iv.jvs ta a ot. inn aa. srzii
Corn Starch. TipKaca, VcnniceilC
Macaroni, Dried Apples,
Prune, Plains,
Peaches, Peara,
louur dia Bread
UoUes Gale Kxlra Family.
Eldorado. Golden Clly.
Gnham. Oil and Corn Meal,
Medium Bread, Crackers, aa arecrtment ;
Giaser Snap. Taffy, Saloon Pilot Bread.
Soda Bfeevit. KICE AND COFFEE.
WHALE AND SPEJOI OIL,
ePEUM CANDLES. 4a and Si;
ALL OF THE ABOVE
Sell at the Best Market Rates
Beyers art most respect f ally in tiled to caO aad
Examine Oar stuck.
BOLLBS cfc OO.
1C
OFFER FOR SALE
The Fallon ins JlercltandNe just
H0.,;NEW GOODS!
DILLINGHAM & GO
T)i:(-TO ANXOUXCKT1IATTUBT
1ripitrpl iter JJ ae now openlnx a Splendid Assortment of Ooods
1IUUH" from A.w York and Eozland. to which the? re-pett-
fair invito tho attention of bnyers. The Oools harln
ben bonvht for cash at the lowest nrfeea nllnr tro
- m afX ff I ricua to the recent adrance. are offered upon aeptloa-
jjQjJK UUGPOll I ' "7 f4TorKDls tenna. P' altenUon Is tailed to
THEIIt EULL LINES OF
. and to AitmvE teu AUMCTLTUltAL IMPLEMlviTo !
TUEIU
Broaltlng l?io"wa.
Made apon the su'sestlons of Sncar PIanjn,haTi
been pronoanced by competent udta to be
Sntrogcst.f Easiest Handed,
And most effectlre Breaker ever lnUodacedllUi.Utii
market.
STMR. " HANSA
NOW FULLY DUE:
Cases. 6, 7, S and 0 feet, best English Cprru
. ... i . . i - i ii : i : r -
gaiou itooun, uairauii-m ikiugui wi
same.
Bbls. Best Englislt 1'ortlanil Cement,
Bdls. best Annealed Fencing AVire, Xos. I, 5,
and C,
Bdls. best English Galvanized Fencing Wire
Koa. 5 and 6,
Coils Galraniied Wire Uope, all sizes,
n-i-- : T.n:nn Ttt
FUIX LINES OF MOLIKZ PIffS,
Furtvw Plows, several site and styles
Cuba fcuear Plows, Slda Hill Plows, - f
Double and Slcele Shorel Plowf, '
Sobsoll Plows, .Eagle and Telejraph nc, Ac.
Harrowa of different patterna.lcclndlncthfrrumsa
Patent Harrow, which has met with snchra.
eral faror durinj the present seasot
CULTIVATORS, HOUSE HOB.&e.
ui l okes. Ui llowi. us Ufcaias.
. , e .it i mibp miier. urun hook isometai cood,
lmuauons in iuo maricct). o arc tec ngi
nil Importers and S0LK AGENTS oftheso
Celebrated Bags, and the great demand for
them from the planters lias induced some
manufacturers and their agents to get up a
cheap imitation of them.
A Fine Assort' rat. ol Crockery!
Carriage Springs, Cart and Carriagailei-
FodJcr Cutlers, Corn Mills. HomlayM
Garden and Canal Barrows.
STUDEBAKER WACOIS,
With gcnulna Concord AilM-aM to Wk
cspiciu on nuo.
Ail, Urea.
A Splendid lot of English and French Grocer
ies, (particulars will be given on arrival
of the Steamship " Ilanaa. ALSO
A small invoice of bcautifnl Iriah Linen Dam
ask, Sheetings, and Cambric Handker
chiefs, direct from Belfast, Ireland.
A amall invoice of choice WATER. C0L0HS,
bv Celebrated Artists.
Also, to arrive by Vessel now loading at i lazrrat tirteij-iomeililD: practical and cnti
Ulasguw:
LUBRICATING OILS A SPECI. TY.
Albany Crllsder OH. CoaDOond and Cl 1
KEROSENE Oli
In qiunlltica to lull, ot Ui farotlle ELECTR jrand
ICEROSENE OH STOVS
A
iT " t rEnglish and American Paints an
Cast-iron Vacuum Pan ! mmt wkn..k nr..h. T.rpc.
C feet in diam. by 7 feet deep.
I-jERRY
1 Vacnnm Pamping Engine, It -inch Cylinder
and 12-inch stroke.
3 Wronght-Iron Tanks, each 1,000 gallons
capacity.
I Wronght-Iron Chimney, 05 feet high, 37-in
Dura., i-H-incn mice.
I Mnltitnbnlar Boiler, 10 feet long, 6 feet in
diameter, with furnace, front doers, etc.
complete.
4 30-inch Weston's Patent self balancing Sus
pended Sngar-Caring Centrifugal Ma
chines, with the reqoisite independent
Iron Framing, Wronght-Iron Sugar Jliier
of 2,000 gallons capacity, with Stirrer.
Driving Gear &c ,
1 High-Pressure Diagonal
Steam Engine !
9-incb Cylinder, 18-inch stroke, with
Governor, Fly-heel and Belting for
driving Centrifngals.
2 lVronght-Iron Eraporators.
4 3-slIs. Steam Clarifierx.
(3
?os.
AND
ALENTI
ARNISH
A PULL LINE.
IEubber liarden Hose. Eirtka Cotloa IIo
liciuasa&a licit lclor.
Pumps at,d llydraullc lit ids,
f- Powder. Shot and Caps,
aect iia. cabbitt MetaJ, bluet Zinc,
Boxes Tic Plate, Wire Cloth,
Sate Pana aad Pry Pans,
Chartoal Irons, Wooden War,
SHELF HARDWARE OF ALL KBS,
TjoU and Labor Sarlaz Device t ,
A LARGE VARIETY of SCAIS
Platform Scales. Dormant Sralea.
I'ainn Scales. Urocers and Bitter Scales.
ramiiy ocaica ana jiau&cea,
House Ftiniifihing Gok
A Fall Line of Tinware, Ante Iron War
Ico Cream J-reefers from 11 aupwan.,
Hammocks aad Hammock Chairs
Lamps, Chandeliers & Lanij
A SPECIALTT.
Real Estate For Sale.
S m S
A Very Pleasant and Roomy Cottage
its
Call and examine this stock before oc after pal
navwaere
NO TROUBLE TO SHOW GOC
Letter, of Inoairr cartfnUy aad Drool
iwered. I
DILLINGHAM A Cd
K Fort St rl
Por Solo!
tion. and a abort walUnt eliunu from the rMKiBw. I
It contain, a Lao Parlor, Dinlnr Room. 3 Of 4 Bed- ..,
room..2Putrie..Eluacs, wltk Brick Cklntner. and r-applrto
kaaTcnnduat tie front aad back. Alo, Derraau' I
Boom. Batk llouc, Carriaztr Sbed. fHable, for two , ft aif
Ilorm. Wood elked. etc PKICE LOW AD TERMS
EAST. A large portion of the parcbaec monrr mar
luiwt.wnwmucnBUKi .itiepenecxajHt
nrraated. AIm.
arnusiu.1 Smaller Cotuse. adjolnlni tba
abore, nlublc for a Small FaatUr, and ttl:l under
leuc Eoqalreor
saatt npoosTASOEsgALD. x. B.
Steel nalli
fok
PORTABLE OR PERMANI
Railways !
15 ft, lengtta; 14 lbs. to the
JBttmriTedptr "Dnko of Abercorn
from Urerpool.
V. L. CEIEX, or
Q. W. UAC7ABLASE
A rente for Jno.ro.ler
RAISINS A3TD CUItRAXTS. SUIe
taaaSalfiaa aadFaatl Cnrraatr. lastk aad l&tk
packasM, nev and fmk. To Sale bV
BOIXQ 4c CO.
"WANTED !
PLANTATION OVERSEER WAN
931
ErSOM BAITS, TSpOXES
gmaHPaeka For " A
atuined
that he a
other tot
this and
followed
who dail
Mr. La
of Mr. Fc
on a prop
in the tra
Feabody.
for him, a
half. I1
throt)iat, i
time ovei
have give,
ought ta L
stmle."
Ccjneli.
man who i
client."
I'aria aa h
tween him
case with .
bar might
to his wot
mastery, (:
split his ci
stead of a
telling peri
h laughed
In the ha
Jn Waahin
tataea or I
to Ohio has
aotwithatat
snpplyof i
defect is so
at the last :
bill vrai pa.
statoe of (I
of the space
most prpmi
comp,tinr f
General G
the Britiah
. nlnety-nintL
H was borr
sanendered
eiijn la thi
Jo Trafalgar.
Sparrf.!,
Canada, and
1613. ayocn
thrice wound
has been G
Dominica.
yellow fever
cesatitolion,
bia faculties
The Rev,
parson," cni.
oa a certain
"AadyJohr
the tide of w.
rebcHten eras
him at a critic
aad uked I
XetBaarsy,
kotlt togeiix
al TcrreBtly,
tie of his cot
atkat he tai
Jo Ws feet ami
"edy,I tl
"gbtiaa; pars
baartr, , ,j,c

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