The Hawaiian gazette., 1883-05-16
Aalraiian 6aEettE
WEDNESDAY. NAY le, ISIS,
s.p-sn,s court u the RAw~iiAa IslAaas
In Equity.
Tx HAwNttAN BXtr TsstNruoNS 70 V
TltS OsESNrAL fStsfhcNs W.
(LrNrrsrl T. 7. ApANS.
- II cl.resll1r.-Opi.iga.

swer. I Aav- tsken frca The brief e defendants
coursel
l-That Jcae "A, ISL. seS SHARES Ct he
sack ef the Hawaiian Bel felsPhcre 90.
were issrS6 il The rane u the Oriental Tee
rhcue Ccnpa-v (li-lised) Ct Lor3on, The
certificate Of said SHARES beius sigced BY ;. &.
wil6er thee Vice rcsi3cas and {, q Berger,
Secressry Ct TIC said Hawaiian Bel felePhc0e
Co., and bei.s BOW in the possession Ct the
6efenda1. L. Z. Adams as asen, q the Ogien-
al Telephone Go. This aye-neni IS admitted
IN the a1sverl-
s.-rbat IS Ct said shares were PAID fer
| ar1 45Q Ct then were iSS1ei Wholly without
consideration ard BY fraud cn he part ct the
said Oriental Telephone Go. THE answer
denies tbs avermeut),
3.-Tbat in February iS>o, = Isl Of sub
scribers had been cbtaire3 by said Berger fcr
The purpose CT forming Tslephcne &c. Che
answer neither admits nor Genies this, Ia.
leaves i 70 be prvvej BY he PLAINTIFF that
in uctcbsr lSSl, befcCe cbtairins charter q
incorporation, the Oriental Bel Telephone &C.
Of Bos.o1, through its agent Samuel Hubbard
represented . the individuals row forming
\ Re Hawaiian Bell Telephene &C. thas the SAID
| Oriental Bel Telephone &c. held patents upcn
the telephone instruments, ard shat ncne q
said instruments ccgl5 be uanufactared.
b,ushs cr ussG vithccs the consent Of said
| Oriental Bell Telephone CO.. ard that said
| (Orien,al Bell Telephone &c. bad The sole ard
| exclusive right 70 dispose Ct the sane, and
| shas Il wculd &c impossible for j company &
| engage II the telephone business in Hcnolulu
| without the consent CT said Oriental Bel rels-
/ phone Go. The ausver denies this allesa-
sicul. That after HIS &slesty IN Privy CcUr-
cil bad decided &c grant charter Ct inccrpcg-
asicn 70 The Hawaiian Bell Telephone &C.,
| said Hubbard, New. %, so, On behalf Of sand
| Oriental Bell Telephone &C. reiterated The
statements above alleged as &c the rights and
| powers CT said Oriental Bell TelepbCne Co a
j meeting OF the Individuals who had peti-
tened for said charter and &c whom the same
vas Afterwards Srl1sed- The answer denies
| this lllesaticn)-
/ offered that If $50 shares CT the Hawaiian
/ Sell Telephone Co. shcult be issuet
/ 20 The salt tOrieu:al Bell TelephCus
| CO.. IL would grant 70 the Hawaiian Bel
/ Telephone Co.. the sole right to use tslspbcus
/ instruments N the Hawaiian Islands and
vculd furnish and supply telephone iastru-
| 1eues tc the Hawaiian Bel Telephone Go. an
I would make concessions TO said (Hlwaiilr
I Bel TcIsphous) CO. Of rights and privileges
/ Belonging 20 and exclusively possessed By
I saiG Oriental Bell Telephone Co, and would
| prevent al perscHs ether than the HAWAIIAN
/ Bell Telephone &c. frCm using IN the Hawaiian
/ Islands CT importing therein any telephone II
s.rumsnts or apparatus. The answer denies
| Information or belief Of this 1verucns)
] Shat the Hawaiian Bell TeiephoCe &c
/ believing said representatives, and relying
/ uucn Tie ability cf said Oriental Bell Tele-
| rhcue Co. % fuliil and make coed all Of the
| promises and undertakings made and assumed
| 81 them Is above alleged, and n cunsitsrI-
| non Lhlt said Oriental Bell Telephone &C
| ccuti and would &c 50, agreed to issue &
/ said Oriental Bell TslsPhcEe &C. i5d shares Of
| the CAPITAL stuck Of said Hawaiian Bell fsis-
/ phone Co. and relying, etc. Is above. ctr- ass
/ erected lines Of telephone wires In said Homo
/ lulu and made large expenditures OF money Il
I 20 doing. The answer denies this Gvggmeusl
/ e-That June Il, ISL, while 4 4. Vide
/ mann. President Of he Hawaiian Bell Tsla-
/ phCue 90. vas 1tsens frum this country, SAID
/ +. p Adams, acting agent CT the Oriental
/ Telephone Co. limited. persuaded and induced
:. C. Wilder AZ that TINE Nics-Prgsiien- Of ths
HawaiiIn Bell Telephone Go. 70 issue said 45C
shares Of the capital stock Ct sand HIwlIIII
| Bell Telephone Coz. That said :. e. WItsi
I was ignorant CT the tIlsisy CT the representa-
tiCus made by SAID Oriental Bell Tglsphcnt
Co. TO the complainant and caused said shares
I u bs issued believing said tzfsntIE- vas e.
/ titlsd 70 the sams. That said z P Adam;
caused saiG stock % be Issued in the name Ct
the Oriental Telephone Co. Imitst, represent
/ inE that saiG Oriental Bell Telephcne CO. hlL
become merged IN said Orien;al Telephone Go
/ and that the latter had full knowledge Of hi
u ~
/ Telephones Co. ID the Co. complainant, an
had assumed all the CbEsatiCus and under
standings abovg set forth and made 70 he Co
complainant by the Oriental Bell TsIephon,
/ CO. The answer denies the above Ivsrusut!
/ a1di AYERS that Wider caused said sos shITei
/ 70 be issUsd 70 said Oriental Telephone Go
l limited, believing the later 60 % be eutIEls,
I 70 the same and net BY reason Of any tlls'
/ representations CT any representations o
whose truth or taIsity he vas Ignorant lut
admits that Adams caused saii stock to b
| Issued il the uI-1e OF the OrIs5tal Ielephgn'
/ Co. limited, representing that san
/ Oriental Bell Telephone Co had becom'
/ uergsi in said Oriental Tslsphoae Co limited
/ hut denies thL- he represented thas the l1E-s
/ Co. had full knowledge CT any kucwledSe @
/ the Representations made Is II sad bill C
I complaint alleged, BY said Oriental Bell Tale
I phone Co. % the Co complainant or had 40
/ surled the 1bligziICns ard undertakings u
salli biIl Ct complaint set f1rth-l
/ THAT u OF about JIuuIry l---. the &c
| =uuPlIiuaut discovered that the representa-
thus made % il By SAID Oriental Bell Fsle-
| phone Co were wholly fIlze thI- sai,
| tOrignEaI Ball TeIephcuel Co had 10 szrlu
| sivs rights nor Iny rights n regards % III
| telephone IN the Hawaiian Islands that th
| concessions granted By said Co. 20 the &c
/ complainant we're wholly ilIusury md frluliI
| lent and thl- telephone instruments H1Inuflc
l turgd IL the United Stairs were imported int
tins CUuHr-v and sold openly u any psrsol
| desiring 70 purchase the sane. Iha= saN
/ Oriental Telephone Co. Initial when Gale,
/ upou BY the Co. complainant 70 prutsct then
/ II their exclusive rights u use and sell tale
/ phones II the HIEzIilu Islands lckuCWizi ssf
that Il vas Unable 70 % So (The ausws
/ denies TINS Ivaruenr specifically
4 Shat sad Berger the SAID secretary va.
/ unwilling o issue saii shares IN the lame @
| the Oriental TsisPhCne "a. az be had Ii
| aHthorit1tIvs nntics Gf any trInsfsr uf am
| shares by sand Oriental Bell TeIsphoue CO
and he signed sad certificate only upon III
express direction Ct SAID Fice-Prssitsnt upoI
I the threat Of beng removed frum his Ctice ]
he refused 10 90 &C.
The answer denies tins avsrueut and aver
that Berger delayed issue af sos shares s1IsIl
because of his claim tiIas he vas entitled {,
receive II consideration CT hIs having GbtIIues
SAID subscriptions, certain paid Up shares i
the Co.'S complainant and defendant Ehicl
shares be has since received as az TIE valEe q
Ss4aE
8.-TIlat sad Oriental Bell Telephone Co
and sad Hubbard sIt the time az making thr
representations and FrunIises above set f1rtE
we'll knew that the sane we're false and tha
they we're Unable % fulfil or perform the sams
and tha- sad ORIENTAL TeIepzuue Co az hi
tine zaic. shares we're lzsu=t % r. vel Knew
the premises and undertakings Of sad 0rieu-
"a Bell Telephones Go. above alleged and tia.
the sane could not be performed and fIIat IL
same we're fIlss and fraudulent That sad
Z. P Adams has been requested q surrgudsi
sad certificates for cancellation 60 ar az sad
I'D shares are cuucsrued nd haz beer
rsnlierest new csrtIicatl= for sad S shares
bgt hs refuses % surrender CT rseeiTe Ii
sanis The answer admits saii rsrasst Z
surrsntisr- bur denies said fsuder and denies
the ether Evsrmsuls-
Ehs nill PrIEH fur prscsss, that Gzfsud al,
he ariers,l t1 dsli Egr sliLs go sdzras ssr ear
ceiIatian and rha- sad ADAMS be snufassl
finn fispcsing CT sad rerriicats C shares.
sar casas and general rsiief
The answers further lFsrz tha- the urauiiszs
1IIegzsf u Ehs hil = have hesa ma,ie b7 safi
Huhha-sf we're bsrund KS puzrer to make. aa,i
= -.y,.Ta -.rr-u -ar Ff-7.1-s- a F--.r - =