Lowrey v. Hawaii
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. This action was brought in the Supreme Court of the Territory of Hawaii to recover from the Territory the sum of $15,000 as the alternative of the reconveyance of certain property conveyed by the American Board of Commissioners of Foreign Missions in 1849 to the Hawaiian government, for the nonful-, fillment of the conditions upon which the property was conveyed.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. This action was brought in the Supreme Court of the Territory of Hawaii to recover from the Territory the sum of $15,000 as the alternative of the reconveyance of certain property conveyed by the American Board of Commissioners of Foreign Missions in 1849 to the Hawaiian government, for the nonful-, fillment of the conditions upon which the property was conveyed. A demurrer was sustained to the petition and thereupon this appeal was taken. The following is an outline of the principal facts alleged: The American Board of Commissioners…
1Opinion of the Court
Mr. Justice McKenna,
after making the foregoing statement, delivered the opinion of the court.. The contentions of the parties are sharply in opposition as to the agreement and the'necessity and competency of extrinsic- evidence to explain it..' Appellee contends that we. are confined to the letter of the agreement, and so confined its -conditions have been fulfilled.. In other words, that “sound literature and solid science’’ are still cultivated,. and that no religious tenet or doctrine contrary to those-heretofore inculcated "by the Mission is taught. Or, 'to express the contention in…
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3Cited by54 opinions
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