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AKAMINE & SONS v. AM. SEC. BANK

No. 4575.

50 Haw. 304 (1968)

440 P.2d 262

AKAMINE & SONS, LTD., A HAWAII CORPORATION, AND HAWAII NATIONAL BANK, HONOLULU v. AMERICAN SECURITY BANK.

Supreme Court of Hawaii.

April 25, 1968.

Attorney(s) appearing for the Case

Chuck Mau (Mau & Ho of counsel) for petitioner-intervenor-appellant.

Walter G. Chuck (Chung, Vitousek, Chuck & Fujiyama of counsel) for respondent-appellee.

RICHARDSON, C.J., MIZUHA, ABE AND LEVINSON, JJ., AND CIRCUIT JUDGE LAURETA IN PLACE OF MARUMOTO, J., DISQUALIFIED.

OPINION OF THE COURT BY LEVINSON, J.

This action was instituted by Akamine & Sons, Ltd. to enjoin a sale by American Security Bank under a power of sale given in a mortgage by the corporation to American Security. Hawaii National Bank intervened. After the trial court denied the injunction, the only issue remaining in the case was the priority of the two banks to the proceeds from the sale. The trial court awarded the entire proceeds to American Security, and...

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