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KAWAUCHI v. TABATA

No. 4399.

49 Haw. 160 (1966)

413 P.2d 221

TOICHI KAWAUCHI AND MATSU KAWAUCHI v. ICHIRO TABATA, MITSUYE TABATA, DAVID PANG, BETTY PANG, COOKE TRUST COMPANY, LIMITED, AS EXECUTOR OF THE ESTATE OF RICHARD KAINUMA, DECEASED, MILDRED KAINUMA, WILFRED OHTA, OKIMI YAE OHTA, EDWARD YAMADA, ALBERT YAMADA, VERNON NUNOKAWA, CHIYO NUNOKAWA, ISAAC KAWASAKI, TOKI KAWASAKI, KAZUO MIYAMOTO, SEIKO MIYAMOTO, HONG CHONG CHANG, LORRAINE CHANG, BISHOP TRUST COMPANY, LIMITED, AS EXECUTOR OF THE ESTATE OF CLARENCE KUSUNOKI, DECEASED, BISHOP TRUST COMPANY, LIMITED, AS EXECUTOR OF THE ESTATE OF MEREDITH KUSUNOKI, DECEASED, AND FIRST NATIONAL BANK.

Supreme Court of Hawaii.

March 30, 1966.

Attorney(s) appearing for the Case

R.G. Dodge (Heen, Kai & Dodge of counsel) for appellants.

George R. Ariyoshi (Russell K. Kono with him on the briefs) attorney for 17 individual appellees (members of the doctors' group) and for the Estate of Richard Kainuma, Deceased (also a member of the doctors' group).

Yasutaka Fukushima, attorney for the Estate of Clarence Kusunoki, Deceased, and O. Vincent Esposito, attorney for the Estate of Meredith Kusunoki, Deceased (remaining members of the doctors' group), joined in the briefs but did not argue.

WIRTZ, LEWIS, MIZUHA, JJ., CIRCUIT JUDGE KING IN PLACE OF CASSIDY, J., DISQUALIFIED, AND CIRCUIT JUDGE KITAOKA, ASSIGNED BY REASON OF VACANCY.

OPINION OF THE COURT BY LEWIS, J.

Plaintiffs sued to obtain a declaration that a transaction entered into in 1958 was a mortgage securing a usurious loan, and to establish a right of redemption upon payment of the sum of $90,000 received by them in the transaction, less "all moneys paid on the loan." The court held that the transaction was a sale, coupled with a lease back of the premises and an option to repurchase. Judgment...

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