CAREY v. HILO FIN. & THRIFT CO., LTD.

No. 2798.

39 Haw. 210 (1952)

GEORGE B. CAREY v. HILO FINANCE & THRIFT CO., LTD.

Supreme Court of Hawaii.

Decided January 24, 1952.


Attorney(s) appearing for the Case

B. Houston for appellant.

Smith, Wild, Beebe & Cades and H.S. Wright for appellee.

LE BARON, J., CIRCUIT JUDGE BUCK IN PLACE OF TOWSE, C.J., AND CIRCUIT JUDGE BROWN IN PLACE OF STAINBACK, J., DISQUALIFIED.


OPINION OF THE COURT BY LE BARON, J.

This is a bill in equity for an injunction to restrain proceedings in respondent's pending action at law to recover from petitioner the aggregate amount of principal remaining unpaid on three promissory notes and for a transfer of that action to equity. The bill is brought by the petitioner as defendant and payor against the respondent as plaintiff and payee. It alleges that such notes...

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