Mrs. Thelma Akana Harrison v. M.R.A., Ltd., D/B/A Territorial Collectors

The appellee, an assignee for collection, brought this action against the corporate maker of a promissory note and against appellant as accommodation comaker of said note. The corporation failed to answer, and a default judgment was entered against it. The appellant answered with a general denial, and also pleaded an affirmative defense of lack of consideration for her promise. The case was tried without a jury, and judgment was entered for appellee for the principal sum of the note, interest, attorney’s fees and costs. From the affirmance of this judgment by the Supreme Court of Hawaii this appeal is prosecuted. The opinion of the Supreme Court of Hawaii is reported in Volume 43 Hawaii Reports, pages 98 and 209.

The Supreme Court of Hawaii had jurisdiction of this case under Hawaii Rev. Laws § 214-4 (1955), and the trial court had jurisdiction under Hawaii Rev.Laws § 215-17(e) (1955). The jurisdiction of this Court is founded on 28 U.S.C. §§ 1293 and 1294, and upon the Hawaiian Admission Act § 13, 73 Stat. 4 (1959), 48 U.S.C.A. preceding section 491.

From October 17, 1950 to June 1, 1951, one Benjamin Fukunaga was the owner of all the capital stock of Hawaiian Amalga-Pave,…