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JONES v. SMITH DIEKER

NOS. 2817 AND 2821.

39 Haw. 448 (1952)

THOMAS B. JONES v. ARMIDA B. SMITH DIEKER, ALSO KNOWN AS ARMIDA B. SMITH, EMMA KWOCK CHUN AND BANK OF HAWAII.

Supreme Court of Hawaii.

Argued May 1, 1952.

Decided June 30, 1952.

Attorney(s) appearing for the Case

D.C. Lewis & W.W. Saunders (Lewis, Kimball & Buck and W.W. Saunders on the briefs) for petitioner-appellee, cross-appellant Jones.

F. Schnack (H.C. Schnack with him on the briefs) for respondent-appellant Dieker.

H.Y.C. Choy (Fong, Miho & Choy concurring in answering briefs of petitioner-appellee Jones) for respondent-appellee Kwock.

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

OPINION OF THE COURT BY LE BARON, J.

This is an appeal by a lessee consolidated with a cross appeal by one of two lessors, both appeals being from the same decree. The decree granted, for the benefit of the lessors, the equitable relief of impressing a trust upon moneys on deposit in a bank savings account and the incidental relief for recovery of rent in arrears. It granted, for the benefit of the lessee, the equitable relief of a proportionate share in the proceeds...

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