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In the Supreme Court of the Hawaiian
DrcEJiBUt Tekm, 1S93.
"Vosg Cms vs. Ah Yo.nt. asd Ah
WaI, D01SO BUSINESS USOSX THE
same or uHo Fo"' AND Yoxg
2kfose jubo, c j., bh1kekto" axe
Utii is Eqottt to Declare a Tkcst.
The plaintiff deposited a sum of money
with Y. .A. and A. W. as advance rent
on a lease which they agreed to obtain
for him. The teae vras obtained, but
was made to A. V. and A H. as partners
Held, that the decree deciannj; A. Y. and
A. H to be trustees for rdaiatiS of the
lease and ordering them to assign the
same to plaintiff should be amrmed.
If A. H. was ignorant of the fraud be
u bound by the fraud 01 his partner
A. W.. the transaction being a contract
relating to the copartnership.
Y. A. was emploved bvA. H a an agent
to procure the lease. He deceived
plaintiff in taking the lease to A.
and A. H.
HeM. that A. H haTing put confidence in
Y. A. should be the loser rather than
O?CI0N OF THE COCKT BT JCDD. C J.
The defendant appeal from the decree
of Judge Cooper, declaring a
trns: and ordering an assignment by
defendants to plaintiff of the lease.
Following is Jadge Cooper's dec:
"The bill alleges that the defendants
Yong Ahot and Ah "Wai undertook
to procure for the plaintiff a
lease of a certain tract of laud in Ke
vralo, Panoa. Oahu. and for purpose
the plaintiff paid them eighty-dollars;
that the defendants, wrong
fully and to the fraud of the plaintiff
procured such lease in the name of
Ah Yong and Ah Wai doing business
under the name of Ho Fon.
Yherefore the plaintiff prays that
the defendants be declared the trustees
of such lease and demised premises
for his benefit.
The defendants deny the allega
tions of the bill and further set forth
that the defendant Ah Yong is a
(cm jx It holder of the said lease.
The decision of this cae involves
merely a determination of the facts,
the law being beyond dispute-The tes
timony introduced by the defendants
was in direct conflict with that of the
piamtiff. but I find no difficulty in
determining which of the witnesses
were telling the truth.
In order to substantiate the testimony
of Yong Ahoi I must disbo
lieve" the evidence given by Mr.
Booth who testified as to the admissions
of both of the defendants.
his evidence being corroborates
bv Kswsihoa. Also Ah Hong.
Ah Kan and the plaintiff who
testified to the payment of theuisney,
also Mrs. Lydia Piikoi Kamakaia
who says that before she consented
to givethe lease. Yong Ahoi told her
that he had made arrangements wits
the plaint:fi who was in possession cf
The manner of the witnesses Yong
Ahoi and Ah Yai while giving their
evidence was decidedly against them.
The bravado and contempt expressed
by them in their denials of import
ant points, in conjunction with the
unshaken testimony of the witnesses
for the DlaintifL satisfy me that
neither of them were telling the
I find, therefore, that the defeno
ants. Yong Ahoi and Ah Wai. did un
dertake to procure the lease for the
plaintiff, and that they received the
sum of with which to make tht
first payment. As to Ah Yong, if in
fact he" be the person who was pres
ent and testified", he is but the agent
of Yong Ahoi and was fully informed
as to the ralatioos of the parties, and
is not entitled to any protection.'
BT THE COCBT.
Mr. Castle, for defendant, urges j
rvin nt that Ynn Ahoi. one of the
defendants, is not shown to have any
interest in the lease. This appears
to be true for the lease was made to
Ah Yong and Ah Wai partners under
the name of "Ho Fon.' and the name
of Yong Ahoi does not appear upon
the lease actually made by the lessor.
But the decree does not undsrsake to
bind him and from all that appears
he need not have been made a party
except as a co-conspirator with Ah
"Wai in obtaining the lease in fraud
of the plaintiff. But Yong Ahoi had
a very close connection with defendants.
In conversation with plaintiff
and others. Yong Ahoi. after the lease
in question had ben obtained, spoke
of it as his own, and offered to lease
the premises to plaintiff for ?300 per
It is also urged by Mr. Castle that !
Ah Yong is not shown to have par-1 '
?vn.itl in the transaction, eieent
that he became a lessee by signing
the lease with his partner Ah WaL
There is evidence that his name was
inserted in the lease by the direction
of Yong Ahoi, who is Ah WaPa
brother; and it appears to us from
tlio ovTfpnpf that thoceh Yon:? Ahoi
was the main actor in this business
with the plaintiff and the lessor, so
mas we lessor, ajj ma
supposed that the lease was to
be made to him alone, he had Ah
Yong-'s name inserted in the lease
with Ah "Wai in order to conceal his
own share or agency in the transac
tion, intending m some way to reap
the benefit of it.
XUCiC iS OUUU.C1 lien fcUAtt bou w t
. . ,
taEen ot ah long's uaomry. xy bis
own admission, he was unfamiliar
HAWAIIAN Ci-VZETTE: FRIDAY, JANUARY 23, 1894. ;;
with the business of making leases,
and employed Yong Ahoi to attend
to it for him, saying that Yong Ahoi
'was an old hand at it." Making
Yong Ahoi his Bgent for this purpose,
he is liable- to the plaintiff for
tho fraud and deceit committed by
YoDg Ahoi in the course of the business.
The principle is that "sinco
somebody mus' be the loser by tho
deceit, it'is mere reasonable that he
who employs and ints confidence in
the deceiver soould lx a loser than a
I Encycl law. p. 417.
But Ah Wai was a party to the
fraud upon the plaintiff, taking the
?S0 from him on the promise to get
the lease for him. but took the lease
to himself and Ah Yong as partners.
If Ah Yong was ignorant of the
fraud, which is doubtful, he was
bound bv the fraud of his partner
"One partner will be bound by the
fraud of hi- copartner, in contracts
relating to the copartnership, made
with innocent third parties."
Collyer Partnership. Sec. 445.
"Each partner being the agent of
the firm, the firm is liable for his
torts committed within the scope
of his agency, on the principle of
rtipotAen: npenor,'' 1 Bates Partnership,
Story, in his work on Partnership.
Sec 10S. bases the rule upon which
the firm is bound by the frauds committed
by one partner in the course
of tho transactions and business of
the partnership, when the other partners
have no connection with, knowledge
of or participation in the fraud,
upon the principle that ""by forming
the partnership the partners declare
themselves to the world satisfied with
the good faith and integrity of each
other, and impliedly undertake to be
responsible for what they shall respectively
do within the scope of
On a review of the whole case we
are of opinion that the decree of
Indge Cooper should be affirmed.
J. A. Magoon for plaintiff; W. K.
Castle for defendants.
Honolulu, January 19, 1S94.
A HAWAIIAN'S TESTIMONY.
The Truth About M. H. Renter's
Talk at Hana.
Mb. fc"riTOK Permit a brief reply
to M. H. Reiner's statement in
your columns. On the 5th of January,
after his return, he came into
the Hana Court Hou;e, and before
all who were present, said : "'I am
going to run for election, and have
paid my 525 as a candidate for the
coming February election, before
which time the queen will be
restored. The Cabinet have all
been appointed. D. Center, is to
be Sheriff of Maui." Reuter challenged
the Deputy Collector of
Taxes to bet with him, and declared
that they would crowd the
police of this "district to the wall.
All those present in the Court
House are ready to make affidavit
to the truth of the above.
It is clear that Reuter is on the
fence. This attitude of his results
from his recent association with
the royalist officials of Wailuku.
Are they not going to be dismissed
from office? This crooked tergiversation
is wretched work. Let c
man stand up firm and free on his
political platform, whether to live
or to die, to be defeated or to
triumpa. to be poor or to be rich,
steking means for the land to
prosper. That is the only sort of
man the country has use for.
Maui, January 19, 1S94.
1 Hi '
MONARCHY IN HAWAII.
Trie Pamphlet Appears, Containing
Prof. Alexander's Article.
The pamphlet containing Prof
Alexander's contribution to
Blount's report appeared yesterday
afternoon, and was eagerly
sought after by a large number. It
is entitled "Kalakaua's Reign : a
Sketch of Hawaiian History.'" and
is in a most convenient form for
The contents, which were published
in dailv installments in the
Advertiser, are a most interesting
resume of the reign of the brother
of the ex-queen, and are a valuable
commentary on that worthy's actions.
The corruptions of the
times is fully exposed, and such
proceedings as the election of 1SS6,
the lottery bill, the Hale Nana, the
Jubilee and many other exploits of
the late king are ventilated. The
book is for sale at this office.
Maile Lodge, Xo. 4, Knights of
Pythias, located at Honokaa. Hawaii,
installed the following officers
on Saturday night. January 13, for
the coming term :
C. C iL V. Holmes.
V. C Fred. S. Clinton.
P. Joseph P. Ireland.
iL of W. R. T. Rickard.
K. of R. and S. Evan W. Estep.
M. of F. Joe Bnrkinshaw.
M. of E. Dr. Greenfield.
IL at A. Andrew Long.
T. G Albert de la ax.
O. G. Chas. Lovestead.
For Sale A second-hand throne,
cheap. Owner has no further use
for it. Address L. Honoln'u.
In the matter of the guardianship
of Henri G. McGrew, before
Judge Cooper, the Court appointed
Charles L. Carter as guardian under
$5000 bond, the petition alleging
that said McGrew is unable to
manage ordinary business affairs ;
the wife of the respondent was in
Court and did not offer any objections.
A. S. Hartwell for the application:
F. M. Wakefield for Mrs.
Chief Justice Judd has approved
the accounts of the trustees of the
estate of Bernice Pauahi Bishop for
1S93 and has ordered publication
of the inventory of the property hi
said eatate which appears elsewhere.
Application is also filed for letters
of administration on the estate
of the late Frauk S. Pratt, and
March 19th set for the hearing.
Value of the property, $ 10,000,
which, as deceased died intestate,
and leaving no children, will go
one-half to the widow and one-half
to foreign heirs in Boston. Mass.
Wm. Foster for the petitioner.
The report of the Trustees of the
Kamehameha Schools under the
will of the late Hon. Bernice P.
Bishop, for the vear ending December
31. 1S93, "filed on the 22d
of Ja mary. 1S94, has had my attention
The report is accompanied by a
report of the principal of the
schools, Rev. W. B. Oleson. who
retired from the principaiship in
June last, and whose place is now
filled by Mr. Theodore Richards ;
also an account of the receipts and
expenditures of the estate and of
the Bernice P. Bishop Museum.
These accounts are accompanied
by proper vouchers. I do not
deem it necessary to refer the
account to a master, the estate
now being in good running order.
As required by the will, tho trustees
submit an inventory of the
property of the estate of Mrs.
Bishop, and of the present investments,
which I direct to be published
in the Pacific Commercial
The Hawaiian people are to be
congratulated upon the condition
of the school.
A. F. Jcdd,
Chief Justice Supreme Court.
Honolulu, Jan. 23, 1S94.
The Estate of B. P. Bishop Inventory,
December 31, 1S93.
The Trustees return, as in their
hands, the whole of the real estate
described or referred to in the inventory
tiled with their accounts last
(a) The strip of land on the
Emma street, Honolulu,
part of the Hi of Kaakopua (L. C. A.
'971, Ap. 26), described in deed of C.
L. Hopkins to T ustees. recorded in
Lib. 141. on pages 1G6 and 167. This
land is subject t the life interest of
Keaweamahi ) $XQ0.
(b The Ahupuaa of Kaluakoi,
being the land describe! in
Royal Patent (grant; 3146 to Charles
R. Bishop, containing an area of 46,500
acres ; and all ilis and kuleanas therein
belonging to said C. R. Bishop.
But excepting from the said last
year's inventory the following pieces
of land, which have been sold during
the year 1S93 :
(1 Two house lots at ilakiki, on
Wilder Avenue, Honolulu, comprising
the land described as R. P. (grant)
35S3. Anana 2, and the piece or portion
of R. Pr (grant, 275S, Apana 1. to Lot
Kamehameha, lying between R. P.
(grant) 35S3 and Kewalo street, sold to
Fred Harrison March 13, 1S93.
(2) The piece of land at Keomuku
street, Waikiki, described in L. C. A.
2126, and the strip of land lying between
L C. A. 1511, Ap 1, to Kanae,
at "Waitdki, and the road ; sold to Mr.
H A. Widemann for S300.
The following personal property has
been acquired bv the Trustees from
the Hon. C. R. B'ishop:
(a) The lease of the lands of
6747 acres, Palaau I1,2.S acres,
and Kapaakea 217S acres, Molokai,
from the Commissioners of Crown
Lands, for thirtv years from January
1, 1SSS, at S1200 a year rental.
(B) All the cattle, horses and live
stock running upon the lauds comprised
within"tbe term the "Molokai
The Hon. C. R- Bishop surrendered
his lifeinterirs; in the following
(1 The Ahupuaa of Kaunakakai,
P.. P. (grant) 3533, Ap. 1.
(2) All lands belonging to the late
B. P. Bishop at Waikiki, Oahu, lying
makai of the Government main roaa
to Kapiolani Park.
The" Trustees have on hand the following
securities and monies:
FOR ACCOOT OP THE KA3tEHA3IEHA
Government bonds 520,000 (i
Promissory notes secured by
mortage of real estate. 9,900 00
Cash on hand . 5,473 OS
FOR ACCOOT OF EERXICE P. BISHOP
Government bonds $ 6,0 00
Promissory notes secured by
mortgage of real estate 19,000 00
Cash uninvested 5,000 00
Ajcoi l w.j. oi mio, a a wan, nas
appealed irom the orde: of Hon. S.
L. Austin dismissing her libel for
divorce, and filed her certiScate of
appeal in the clerk's office. S. K.
Kane for plaintiff-appellant : D. H.
Hitchcock for Ken Kan, the husband,
Change of venue has been granted
by Judge Austin in the equity
case of M. Bolabola vs. Maria K.
Carr and husband, praying for
cancellation of an alleged fraudulent
deed, given by plaintiff to defendants,
which conveys valuable
lands situate in Hamakua, in the
island of Hawaii. S. K. Kane for
plaintiff; C. Creighton for defendants.
Following is a summary of the
expenses of the January Term,
Fourth Circuit Court, held in Hilo,
Hawaii, according to an account
filed with the clerk of the Judiciary
Ha jurors $ 6S 00
Foreign jurors 331 25
Witnesses in criminal cases . 207 00
Court officials 160 So
Y. T. Brigham, curator of the
Bernice Pauahi Bishop Museum,
has filed a report for the year 1S93
in connection with the trustees' return
to the Court. We copy the
A Brief Report of the Work of
the Bernice Pauahi Bishop
Museum During the Year
During the past year the resources
of the Museum have been largely employed
in prepariug for the occupation
of the new building In course of erection
at the cost of Hon.C.R.Bishop,and
in this connection the Curator visited
the Colonial museums, not only arranging
valuable exchanges, but also
purchasing many objects aud photographs
Illustrating the life of the
Pacific region. These will find their
place in the uew hall.
The collections have steadily increased
in most departments, and
most noteworthy is Mr. Bishop's gift
of the splendid" collection of shells
made by the late Andrew Garrett.
This is one of the choicest private collections
in the world. Mr. G. D.
of Newton, has given to the
Museum his extensive collection of
Hawaiian relics, among them very
interesting autographs of former Hawaiian
The Government has loaned to the
Museum the priceless feather cloaks,
which have beeu securely placed in
cedar cases, where they "can readily
be seeu by visitors while preserved
from insects and ordinary decay.
Jrcientific books, for reference, have
been liberally purchased by the Trustees,
supplying to that extent a great
want in this region, so remote from
all scientific libraries.
In the department of ornithology a
number of bird skins, nests and elrcs
have been given by Mr. A. F. Juiid,
Jr., Mr. Francis Gay aud others.
Public interest has largely increased
in this Museum, if we may judge by
the increased attendance during the
two exhibition days each week. This
increase is especially noteworthy
among the Chinese ami Hawaiian
visitors. The publication of the catalogue
(a copy of which is a part of this
reporti ha3 given rise to a very considerable
foreign correspondence in
which great interest is shown in Hawaiian
The staff of the Museum has been
limited to the Curator, but the very
respectable size of this institution renders
it impossible for one man to do
much more than preserve the contents
of the cases in a climate where
so many adverse influences exist.
Wm. T. Brio ham,
Curator, B. P. B. Museum,
Honolulu, January 23, 1S94.
"During the epidemic of la grippe
Chamberlain's Cough Remedy took
the lead here and was much better
liked than other cough medicine."
H. M. Bangs, druggist, Chatsworth,
111. The grip is much the same as a
very severe cold and requires precisely
the same treatment. This Remedy ia
prompt and ellectual and will prevent
any tendency of the disease toward
pneumonia. For sale by
BENSon, Smith &. Co.,
A cents forH I
M. tSSp '
i. OsS -"
flVBPQ nam Pectoral
njui u uizui
THE BEST EMERGENCY MEDICINE
FOE THE CT2J OF
Croup, Whooping Cough,
Hoarseness, Loss of Voice,
AND THE VAEIOrS
Throat and Lung Troubles
ilide by Dr J.CJjtr Co, Lowen, Mil j,C.S.A.
CPBware of cheap imitations. The
name Ayers Cherry Pectoral is
prominent on the wrapper, and is blown
ia the 2U33 of each of oar bottles.
Far Sals iy B0L11STZE & CO.
"0 T5H4. m
CLH'DY FACTORY and BAKERY
HOBS Practical Coniectiocer,
Paatrr CooY and Baker.
BENSON SMITH & CO
JOUItlNU ANP MANUr.UrrURING
a run. lin 1 or
AT THE LOWEST PRICES.
113 and 115 Fort Street.
H. J. NOITE, Proprietor.
Be; to announce to k! friend and the
public 13 ceneral
That he has opened tho above Saloon
where first-class Refreshments
will be served from 3 a. a. till 10 p. si..
tinder the iranediite saperrtaloc o r a onpe'
THE FINEST GRADES OJ
Cigars, Pipes and
Choseu by a personal selection from
masolactories. ha; been obtained, and
Trlllbc iddedto froo time to tine.
Oce of Hrsnswick Jfc Balie's
Celebrated Billiard Tables
connected with the establishment. where
of thecaecan participate.
G. J. WALLER, Prop.
rAUHLIES AND SHIPPING
A AT THE
Lowest Market Prices.
Meats dellreted f rota this Mirketare
taorosrhlj chilled Immediately after killing bj
means of a Bell-Coleman Patent Dry
Jleat so treated retain: all its Juicy
properties, and Is guaranteed to keep longer
alter delivery than
AY. H. KIOE,
, STOCK: RAISER SOlfl DEALER
Fine Horses and Cattle
From the Thoroughbred
Standard bred Stallion, Nutwood by Nntwood, Jr
Norman- Stallion Captain Crawl
Native bred Stallion Bojwell
LZBQ X CHOICE LOT 07
Bulls, Cows and Calves
From the Celebrated Balls
Sussex, Hereford, Ayrshire & Durham
A MT OT
Fine Mile ai Carriage Horses
HEREFORD BULLS FOR SALE
Tonrit3 and Escnrsion Parties desiring
Single, Donble or Team or
Siddle Horses can be accommodated ct W.
H. EicV Livery Stable.
S Al. eo3"icr.Ieatlonj to fce Jdreeed to
W. H EICE. Libno.Kanai.
mzo. H. DVTZ hazt,'.zi Axrcx.
THE0. H. DAVIES t CO.,
12 fe 13 The Albanv,
LIVZEPOOL. I y
TRATTS - - - ATT.AT3TIC
Fire Insurance Company,
Capltal of the Co. and Reserve, Helens
Lapltalthoir He-Insurance l'omnlci
........ . .... ....... .. 101,650,000
Total Relchsmarl. 107,630,000
Fire Insurance Company,
CapiUl of the Co. Koserte Relcbc
marks.. .... ............ j,S30 UCO
............. .......................... 5,ft"l,W.H3
Total KeichsaiarLi U.S ,000
The nndertijrned, General Acents of the above
two companies for the Hauatlan Islands, are
prepared to insnro Dnlldtr.c?, Furnitnre, Merchandise
and Produce, 3!achlncry, Ac, also
Sngar and Itlce Hills, and vessels in the harbor,
against loss or damage by tire, on the most
favorable terms. U.IIACh.r'ELD CO.
The Liverpool and London
Aet s 40,000,000
Not Inceine 9,070,000
Claims Paid 113.009,000
Takes Bisks against Loss or Damage by Flro
on Bnildlngs, Machlnery.Sngar Mills, Dwellings
and Fnrnltnrs, on the raostf avorabls tsrm
Bishop & Co.
Theo. H. Davies & Co.,
FIRE, LIFE and MARINE.
Northern Assurance Co
Of London for FIRE & LIFE.
- - 3,973,000
BRITISH AND FOREIGN
Marine Insurance Cq.lc.
Of Liverpool for MARINE.
CAPITAL - - - 1,000.000.
Reduction of Rates
Immediate Payment ot Claims.
THEO. H. DAVIES & CO., Agents
The undersigned U antaorued u
Marine Kisks on
At Current ltatea ia the followinc Companies,
Al iance Assurance Fire and Marine,
WilhelmaofMadgeburg Gen'l. Ins. Co
Sun Insurance Co., San Francisco.
JOHN S. WALKER,
ln.l .'.Rent for Hawaiian Islands.
Fire Insurance Company.
The nndersiznect having been appolzted
Agents of the above Company, are prepared to
insnrc risks againet Are on Miotic and Ur.elc
Ilullclliijfn, and on Merelinndlvc stored
therein, on the most favoraole terms. For particulars
apply at the office of F A.
SCHAEFEK A CO. 1356 ly
Marino Insurance Company
Coneral Insuranco Company,
The above Insurance Companies have established
a Genera, Azency here, and the nnder
slzned. General Ajents, are asthorized to take
llk aKalimt .beJiniiceraoftheHeaj
at nramnalile Kalet, and on
theMot Favorable Term.
GENERAL INSURANCE COMPANY
Tor Sea, River & Land Transport
Havinz established an Accney at Honolsla to
the Hawaiian Islands. the undersized Genera
Agents, are authorized to take
Rlaks against th Sanger of the Sea
Mot Retuonalle Ratei.and onthe
Moat Favorable Term
P.A.SCHAEFER 4 CO.
yIMtf Agent for the Hawallanpslanda
NORTH BRITISH AND MERCANTILE
Ten:. Asirrs ar 31 rr Dicikbzk, lKr.',
11,141,251 Is. Id.
l-Anthor!ed CaplUl..".WJ.CW , d
8cbseribi .. 2,7W.W)C
Paid-up Capital. ViTMQ 0 9
S FlrcFund 2,rr3.ra II 2
Z Lite and Annuity Funds 7.771.&3 8 11
1!,HI.. 1 :
Revenue Fire Braseh.. 1,177,273 7 5
Kevenne Life and Annuity
Branebe 1,218.7! 1 10
JE2.7SI012 J 7
The Mccuaa Fund of the F're and Life
Departments are free from liability In rrspect
of each other.
ED. HOFFSCHXAEGER & CO..
TBrl Area's for tbe Hawaiian 1st ,