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KAWAUCHI v. TABATA

No. 4399.

49 Haw. 255 (1966)

413 P.2d 221

TOICHI KAWAUCHI AND MATSU KAWAUCHI v. ICHIRO TABATA, MITSUYE TABATA, DAVID PANG, BETTY PANG, COOKE TRUST COMPANY, LIMITED, AS EXECUTOR OF THE ESTATE OF RICHARD KAINUMA, DECEASED, MILDRED KAINUMA, WILFRED OHTA, OKIMI YAE OHTA, EDWARD YAMADA, ALBERT YAMADA, VERNON NUNOKAWA, CHIYO NUNOKAWA, ISAAC KAWASAKI, TOKI KAWASAKI, KAZUO MIYAMOTO, SEIKO MIYAMOTO, HONG CHONG CHANG, LORRAINE CHANG, BISHOP TRUST COMPANY, LIMITED, AS EXECUTOR OF THE ESTATE OF CLARENCE KUSUNOKI, DECEASED, BISHOP TRUST COMPANY, LIMITED, AS EXECUTOR OF THE ESTATE OF MEREDITH KUSUNOKI, DECEASED, AND FIRST NATIONAL BANK.

Supreme Court of Hawaii.

April 21, 1966.

Attorney(s) appearing for the Case

R.G. Dodge (Heen, Kai & Dodge of counsel), for the petition.

WIRTZ, LEWIS, MIZUHA, JJ., CIRCUIT JUDGE KING IN PLACE OF CASSIDY, J., DISQUALIFIED, AND CIRCUIT JUDGE KITAOKA, ASSIGNED BY REASON OF VACANCY.

Per Curiam.

Plaintiffs have petitioned for rehearing contesting the holding that they must pay interest in order to redeem. Main reliance is upon the theory that, by the amendments made by S.L. 1931, c. 137, the legislature adopted the usury statute of the State of Washington, with only minor variations, and upon the further proposition that the State also borrowed the construction previously put upon the Washington...

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