Legal Opinion

Dillingham v. Scott

Hawaii Supreme Court

Decided February 28, 1910No. 34PublishedCited by 3 opinions

Error to Circuit. Court, First Circuit. The petition for rehearing is based, on the ground that the judgment ought to have been for the defendant upon the facts in the case which this court has said were proved, namely, that the Kona Sugar Co. was the accommodated party; that there was an original express promise of indemnity, and that of the two contracts of indemnity whereby the plaintiff was to have been held harmless (the implied obligation of the Kona Sugar Co. to pay…

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Error to Circuit. Court, First Circuit. The petition for rehearing is based, on the ground that the judgment ought to have been for the defendant upon the facts in the case which this court has said were proved, namely, that the Kona Sugar Co. was the accommodated party; that there was an original express promise of indemnity, and that of the two contracts of indemnity whereby the plaintiff was to have been held harmless (the implied obligation of the Kona Sugar Co. to pay the note and the express promise of defendant to pay the plaintiff) the plaintiff looked only to the defendant’s express…

1Per curiam

The question sought to be presented upon this petition is not presented in the writ of error and not being therein assigned as error was not before the court for consideration and cannot now be considered. Petition for rehearing denied under the rules without argument.

2Cited by3 opinions

  1. State v. Kahua Ranch, Ltd.Hawaii Supreme Court · 1964
  2. Territory v. Van DaldenHawaii Supreme Court · 1934
  3. Deponte v. Ulupalakua Ranch, Ltd.Hawaii Supreme Court · 1964

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