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BANK OF HAW. v. CHAR

NO. 2852.

40 Haw. 463 (1954)

BANK OF Hawaii and Royal Indemnity Company v. Y.H. Char and W.H. Crozier, Jr., Individually and As Copartners, Doing Business under the Firm Name of Char & Crozier, a Registered Copartnership, Dorothy H. Char, Mary K. Crozier, John G. Duarte and Adelaide K. Duarte.

Supreme Court of Hawaii.

Decided March 3, 1954.

Attorney(s) appearing for the Case

O.P. Soares (M.K. Ashford with him on the brief) for respondents-appellants W.H. Crozier, Jr., and Mary K. Crozier.

J.R. Cades (Smith, Wild, Beebe & Cades with him on the brief) for petitioner-appellee Royal Indemnity Co.

H.B. Kidwell (Anderson, Wrenn & Jenks with him on the brief) for petitioner-appellee Bank of Hawaii.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY LE BARON, J.

This is a bill for foreclosure of mortgages, for appointment of a receiver to complete construction of a public road, for subrogation affecting mortgagee and surety under an indemnity agreement between them and the payment of creditors' claims against surety's indemnity bond to the Territory conditioned on the faithful performance of a road construction contract, for adjustment of rights...

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