Lau Bow v. Kiley

OPINION OF THE COURT BY

WILDER, J.

Plaintiff sued defendants in the district court of Honolulu in assumpsit upon a promissory note. At the trial plaintiff proved that defendants were partners in buying and selling bananas, and that the note sued on was given plaintiff for bananas purchased by defendants. The note was refused in evidence on the ground that it was not stamped. Plaintiff thereupon moved for leave to amend his complaint by adding thereto a count for goods sold and delivered to defendants by plaintiff, which motion was denied, and plaintiff was nonsuited. Plaintiff appealed to this…