Hilo Finance & Thrift Co. v. Carey

This is an action in assumpsit to recover unpaid balances due upon three promissory notes which are the last to be satisfied out of a series of forty-nine notes between the same parties. (For a fuller description of that series, see Hilo Finance & Thrift Co. v. Carey, 37 Haw. 503.) The action was tried, jury waived, after which the trial judge by written decision found for the plaintiff, as payee, and accordingly entered judgment against the defendant, as payor. The defendant appeals by way of exceptions and relies in his specification upon two alleged errors. Of the two, only one merits…