Mattos v. Wilcox

OPINION OP THE COURT BY

FREAR, J.

This is an appeal from a decree of a Circuit Judge upon a writ of certiorari quashing the proceedings of the District Magistrate of Honolulu, in a certain action, and directing the Magistrate to try the case anew.

The action was assumpsit for money loaned and for money paid upon an indorsement, with an arrest of the defendant, Carvalho, as a fraudulent debtor. The plaintiff, Mattos, proved the indebtedness, and to show that it was contracted in a fraudulent manner, testified that he loaned the money and indorsed the note in reliance upon defendant’s statement…