Decisions at Chambers by Single Justices of the Supreme Court of the Hawaiian Islands Volume 6 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 Excerpt: ... claim on Wright and Kahlbaum as a partner, for a share of the proceeds, as they told him to be present at the settlement they were going to make with Puni for the first crop. He did not attend at that hour, but two days after. But having left the business of dealing with Wright and Kahlbaum to Puni, he may have left him to settle this account of proceeds. Jubey's account was with Puni, not the Koloa Company. Wright and Kahlbaum could not prejudice Jubey's interest by paying the net balance to the partner Puni. Jubey could have made no claim of partnership before Wright and Kahlbaum which they could settle. I do not think that by not appearing at the hour set by the plantation for settlement, Jubey disclaimed or waived partnership. Four of the lists for monthly wages are exhibited, in which Jubey puts himself down for $20. $15, $15, $30 and pair of shoes $6--$36. It is argued from these and from the facts in testimony, that Puni had his wages of $50 per month credited on the account of advance on this canefield, that Jubey was a paid manager of Puni's field. Not conclusively, and against the evidence we have been considering, one partner may need to draw more for current private expenses, than another who may have other resources. In my view Puni was the chief capitalist, as Jubey was the working manager of the partnership. Jubey may hnve secured $15 per month certain for his labor, if the speculation should not afford him any more. Differences in their private drafts can be adjusted in the settlement of partnership accounts. When the first crop was off, defendant paid plaintiff $150. He says it was a gift. He also says that in the engagement with plaintiff at $15 and food per month, he told him that if he wanted $20 per month he would give it to him, but t...