Howard v. Hubertson
Hawaii Supreme Court
This was an action brought to recover the value of certain vessels, which the plaintiff alleged he placed in the defendant’s hands, as a pledge or security for his appearance at the last January term of this C jurt, Mr. Hubertson having signed his bail bond. He further alleged that notwithstanding he made his appearance at the time named in the bond, yet the defendant refused to restore the vessels.
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This was an action brought to recover the value of certain vessels, which the plaintiff alleged he placed in the defendant’s hands, as a pledge or security for his appearance at the last January term of this C jurt, Mr. Hubertson having signed his bail bond. He further alleged that notwithstanding he made his appearance at the time named in the bond, yet the defendant refused to restore the vessels. The defendant’s counsel moved for a continuance, of the trial, on the usual affidavit of the absence of a material witness, who would swear that one of the vessels set forth in the plaintiff’s…
1Opinion of the CourtChief Justice Lee
charged the jury, that this case was one governed by the law of pawns and pledges. The plaintiff by making his appearance at the January term, fulfilled the conditions of the bail bond, and is clearly entitled to receive the $800 as the moiety of the Premier. Whether he is entitled to recover the value of the schooner Kalama is quite another question. That portion of the law of pawns or pledges, relating to the use of the article pawned, is laid down by Judge Story as follows: I. If the pawn is of such a nature that the due preservation of it requires some use, there, such use is not only…
2Cited by2 opinions
- Doe Ex Rel. Dula v. M'GheeSupreme Court of North Carolina · 1851
- Thomas v. . HippSupreme Court of North Carolina · 1943