Legal Opinion

Fogarty v. State

Hawaii Intermediate Court of Appeals

Decided July 30, 1985No. 9879; CIVIL NO. 78424PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT BY

HEEN, J.

Plaintiffs-appellants Daniel and Mary Ann Fogarty (Fogartys) appeal from the January 9, 1984 order dismissing with prejudice their complaint against defendant-appellee State of Hawaii (State). We reverse.

Fogartys, stockholders of Kohala Plastics Industries, Inc. (Kohala Plastics), were guarantors, along with others, on two promissory notes of Kohala Plastics 1 dated November 26, 1974, and payable to State and the County of Hawaii (County). When Kohala Plastics could not make payments on the notes and could not continue business, a plan was developed whereby…

2Cases cited16 opinions

  1. Waugh v. University of HawaiiHawaii Supreme Court · 1981
  2. Midkiff v. Castle & Cooke, Inc.Hawaii Supreme Court · 1962
  3. House v. HansonSupreme Court of Minnesota · 1955
  4. Giuliani v. ChuckHawaii Intermediate Court of Appeals · 1980
  5. Schulz v. Honsador, Inc.Hawaii Supreme Court · 1984

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3Cited by4 opinions

  1. Mr. & Mrs. Doe Parents No. 1 v. State, Department of EducationHawaii Supreme Court · 2002
  2. Kamalu v. Paren, Inc.Hawaii Supreme Court · 2006
  3. Booth v. LewisHawaii Intermediate Court of Appeals · 1990
  4. Mr. & Mrs. Doe Parents No. 1 v. State, Department of EducationHawaii Supreme Court · 2002

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