KUAKINI HOSP. v. YAMANOHA

No. 4121.

45 Haw. 90 (1961)

363 P.2d 1006

KUAKINI HOSPITAL AND HOME v. MARGARET E. YAMANOHA AND THE FIRST TRUST COMPANY OF HILO, LTD., EXECUTORS OF THE ESTATE OF RICHARD A. YAMANOHA, DECEASED.

Supreme Court of Hawaii.

June 16, 1961.


Attorney(s) appearing for the Case

Eichi Oki (Spark M. Matsunaga with him on the briefs) for appellant.

Martin Pence (Pence and Ushijima on the briefs) for appellees.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.


OPINION OF THE COURT BY LEWIS, J.

This is an appeal by plaintiff from a summary judgment dismissing the action on the ground that plaintiff's averred claim, for "hospitalization, services rendered and supplies furnished by plaintiff to the deceased," Dr. Richard A. Yamanoha, is barred by the nonclaim statute, R.L.H. 1955, § 317-23. That statute provides that any claim "not presented within four months from the first day...

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