Kahau v. Booth

OPINION OF THE COURT BY

JUDD, C.J.

This is a clear case. In September, 1893, the complainant, P. H. Kahau, wishing to borrow some money, applied to an attorney, J. K. Kaulia, and offered to give a mortgage on his wife’s premises on Queen Street, Honolulu, worth from $800 to $1000, to secure a loan of one hundred dollars. The attorney agreed to lend the money of his client Malie Kahai, now deceased, whose devisee and legatee the defendant Mrs. Booth now is. The attorney advised complainant to give his client an absolute deed for the premises as being less expensive than a mortgage and promised…