davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette., 1885-03-25
AaIpaiialt @azettE.
wHDNBsDAY, MkgcH Is 1855
supreme Court or che Hawaiian Islands--
In Equity
a KILooxy Fs,rA--G, ELLIS.
IA = 4pisi.r i dsSkaro,.

This is bill to declare fraudulent and void
sale made by defendant to plaintiff Of sixty
shares Of the capital stock Of the Honolulu Ice
Goa corporation under Hawaiian law-at
SO per share, and also for an injunction to
restrain defendant from taking out an execu-
ton upon judgment for 81 200 obtained by
the defendant against the plaintiff at tue last
July term of this Court, for the purchase
money Of this stock.
The bill charges that the fraud was accom-
plisbed by MISREPRESENTATION and by The con-
luient Of malerial facts. The mis- epr esenta-
ton is Charged 10 Be Statements made by
defendant that the stock was good, marketable
stock and first rate investment at the price
offered, and that the President OF the Ice COM
pany, S. G. Wilder. who was the principal
owner of its stock, held it at par (Sl00) and
refused to sell for less.
The concealment is charged to be Of the fact
that the stock was unsaleable, and was by
reason of an expected competition in the ice
business, Of greatly less value than par.
Taking up first the second point. think it
is proved by the evidence, that at the time Of
the sale Of the stock, April 10, 1854, Ellis
knew that the new ice company was about 10
be formed. This is clear FROM the evidence OF
Mr.. Sass, the protector of the company, who
says he told Ellis all aboutii just previous 10
his going to San Francisco, about the last Of
March. Also that Wilcox did not know Of it
until he heard of it from Mr.. W. o. Smith, on
April 10, Immediately after his purchase of
the stock.
Was Ellis under any legal obliga-
ton to disclose this information TO Wilcox?
By the authorities he was not. Chancellor
Kent's statement of the law in this regard is
as favorable to the plaintiff as any. He says:
"When, howe Ter, the means of information
relative TO facts and circumstances affecting
,ba ,,alva 81 Tho co,nnalit,, la .,u,,lI,, ,sras
The Hawaiian gazette., 1885-03-25
Jnad, G.. Mecnnu. ]. An.ti,..

Appeal by the defendant from Decreeof
the Chancellor, upon dill in equity,
winch alleges partnership between the
parties IN certain billiard FALCON business
at Waikiki, Maui, and prass for dissoIh-
The Hawaiian gazette., 1885-03-25

and TINS 10 induce Wilcox to purchase. Mr..
Wilder says that if the opposition started. the
stock in his Company owing to the limited
demand for ice in this community, would be
o. no value as On inrestmeni; but without the
;orpOsi,iOn it-wOuid pay say 10 pei cent: that
he had doubts as 70 the starting of the new
company, until Mr.. Sass returned from Cali
fornia With his machinery for he thought no
man would be foolish enough to start new
ice machine here
PoperOy says tSec s7e1- a-misreprosenta-
ton IN order to c0nstituie fraud mus. contain
fhefollowing essential efentents: "a lis form
as statement Of fact-as distinguished from
a !, mere opinion. l2) Its purpose Of inducing
The other party 10 Aet-the general presump-s
ton being that misrepresentation has such a
design. (s) Its untruth. az The knowledge
or belief Of the party Halingit 90 The effect
OF the representation, j., O. the belief, trust
and reliance Of the one to whom it ia made
t6) It's maleriality. Aud under (5) The paTtv
must be justified in relying upon the repre-
sentation- Here the party Is not justified in
relying upon the representation if he actually
resorts to the proper means of ascertaininr the
The Hawaiian gazette., 1885-03-25
ArriYing AT HOnOIuIu On
Steamer "PLANTER'
(IIi11nOe)
cANrpoN Commander.

1saves every TUESDAY at p. m, for Nawlliwiii'
Isaioa Eteee and Waimea. Returning. leaves Nawli-
viii every SATURDAY evening; arriving back every
SUNDAY morning.
The Hawaiian gazette., 1885-03-25

AbAC " uoth pau
or says anything
other, the discle
edge which one &
as TO those fact
necessary to the v
is no breach of
one party will 4
edge, as to fact
the observation
within the reach
because neither p;
fidenee, unless il
quired. Each on
for himself, and
haps, presumptuo
his own knowledg
common law afort
protection against
not go to the roma
uity against the &C
folly, or a careless
and accessible mea
Com. 4si.
The possibility @
ness of ice makii
which all business
Sass had caused to
Bulletin Of 81 Ma
j., ending with q
leaves by the AlBh
sary machinery"
Pomeroy says,
Jur.) that a broade
facts rest upon the
Gu ordinary contr
eisry relation exist
express or implied
nected with the yer
posed on the vendor
ing with each othe
purchaser is presu
sonable opportuniti
facts as any other
have had, then tn
stated applies; no
facts known to himsl
his failure TO disclos
cealment."
There was no fdut
tween Ellis and w
evidence that Wilcox
dence in Ellis in this
this being the case, '
by Ellis importunit.
offer to get rid CT |
would be taken. 7
length. Wilcox was
and was, so to speak
Mr.. Justice Story
2O4) in speaking of u
presto Ueyi, at is
even of facts mater
party which will emf
ton Of a Court of
amount 10 the suppre
party, under the cir
conscience and duty
party, and in respect
Gently be silent" A
question is not wheth
taken, which in poin
which a man Of delic;
But it is essentially !
aside the TRANSACTION
advantage should bt
there should be som,
to make the discover
true definition, then
which amounts to fra
of Equity, and for W
is the non disclQsur
cumstances which o
legal or equitable oil
TO the other; and viii
not merely ia 6oro
jUre to know"
And 1 gather from
sale of goods is no
vendor has actual J
sources of facts or
extrinsic circumstan
other party, which n
the goods. Story say
is not equally accessi
will not relieve, if
confidence. Id. Sec.
Organ, 2 Wheaton Ia
% Pick. 4s. 't
The rule as / have
qualification; for if
suggestion or represe
ton becomes tainted
On the ground of Il.
fore, l think the bill
In regard 10 the ST.
was good, marketable
that this was a mere
such is not relievabI
this case, the parties
other upon equal tern
1 pass now to the
which relief is asked
Wilcox testified tina
on the value Of the St,
sidered it a first raj
not sell at less than p
being President (of Il.
of the stock. He sal,
have risked the offer
if he had known tn,
fusing to sell at pa
cause others to lose /
Mr.. Wilder testified
stated that any stocks
good he should keep
was not good he wor
with it, and this APP
Honolulu Ice Co.
Mr.. Ellis in his an.
10 Mr.. Wilcox that v
par and refused TO SCI
he answered Wilcox's
shares were, that they
cox asked: care yol
aud do you not think
less than SS5?" Ellis
sell for Wilder but TIN
to sell for less than pa
Mr., Wilder says fur
to sell any Of his sh
remember if Ellis off
He may have asked u
| have never sold any
Ii seems 10 me that
The Hawaiian gazette., 1885-03-25
Ridge House,
SOUTH K0NA, HAWAII.

THE UNDERSIGNED BEGs TO
4 inform the Public thathis wellknown House ST
mated two miles from Keaakekua Bay at an elevation
o. 80 feet Is again ready TO receive visitors
Horses viii be ready the landing for those III,
order them BATH HOUSE in connection with me
establishment. va 'As
board ~ Per week.
1854 SIN A. a. TODD.
The Hawaiian gazette., 1885-03-25
SAMUEL sTOsr vs.. B. H, KAnASAsul.

Supreme Court OF tho Hawaiian Islands--.
In Banco. January Tern 1855.
The Hawaiian gazette., 1885-03-25

These Beers arc the most pleasant and healthiest
esse5age known They cleanse and purify the blood
good for invaiids, aud will more readily uucnch thirst
without producing any delcicrions effects.
The Hawaiian gazette., 1885-03-25

nOsTERs, PROGRAMME, HA .As.s6a,ss
&C., Expeditiously Executed at the Saze''s oNi''
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
OVER THE WIRES.
The Cleveland Strikers Are
Becoming Lawless.
THE CATTLEMEN MUST LEAVE.
PAINS Death-British Politics-Mont'
fore Dead-aIore Tyranny-In-
dian Capture, Etc.
The Cleveland strikers.

CLEVELAND. Ohio. July 2S.-The
quietude which had settled in the Elgh-
tenth Ward was suddenly broken this
morning by an attack upon two molten
sive laborers. As early as O'Clock a
gang of strikers armed with clubs be-
gan to assemble in the vicinity OF the
mills, and at O'Clock several hundred
men were on the ground. and con-
Quoted themselves in a very excited
manner. There were no officers on
duty, and the crowd thought they were
masters of the situation. Several men
who had been employed in the yards OF
the mills cleaning up and making re,
pairs, We're set upon by the mob, and
James May and another whose name
could not be ascertained, were badly
beaten. Shortly after the assault, Ser
geant Thompson arrived on the ground,
having jumped off the train when he
saw the crowd OF strikers. He dis
persed.th men unaided, and they scat
tered with mutterings.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
The Cattlemen Must Go.


WASHINGTON, July 2S.-The President
has declined to modify his proclama-
ton requiring cattlemen to remove
from Indian Territory within forty
days. 81.
KANSAS CITY, July 2S.-A representa-
five meeting of cattlemen, interested in
Cheyenne and Arapahoe leases, was
held here this afternoon, at which a
memorial was adopted asking Presi-
dent Cleveland to extend the time for
removing cattle from Cheyenne and
Arapahoe reservations. No specific
time of extension was mentioned in the
petition. The board of trade of Kansas
City passed resolution recommending
tn memorial TO the President A COM
mittee of five was appointed to go to
Washington and present the memorial.
The committee will start tomorrow.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
After Jones, Scalp.

INDIANAPOLIS, Ind, July 28.-This
morning Commissioner Thoman and
Chief Examiner Lyman, of the Civil
Service commission, were presented
to Postmaster Jones by Vice-P President
Hendricks private secretary. The
visiting of the investigators has created
great excitement among politicians.
The proceedings were generally de-
nounced by Democrats. Messrs.
Thoman and Lyman are determined to
make a through and searching examina-
ton into the administration OF the
Post Office.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
Ice Creaml Ice Creaml,

l have greatly increased my capacity
and largely increased my facilities, and
am now prepared to make the cele-
brated Boston ice cream in any desired
quantities. Having nay own dairy,
farm and two ice-houses, can sell ice
cream that can guarantee to be pure
and good, and at a lower price than
ever. Picnic and excursion parties
supplied on short notice. Church festl-
walls and lawn parties given special
rates. Family orders promptly de-
ivered. M
Ny home made candies continue the
cad in the market, being the favorite
with all who appreciate unadulterated
sweets. GEORGE ARBoGAsT.
Oyster Grotto, 48 E. First South
Street.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
Caution!

z Consumers should not confuse our Specific
With the numerous limitations, substitutes.
Potash and Mercury mixtures, which are
gotten up 70 sell not on their own merit, but
on oi me merit Of our remedy. Animitation is
always frand and Oh. at, aud they thrive
ta.ec 49,
Tyr sale b. all druggists.
mailed rec. 100 =
iHE 5 MET rzfIFrc Co., Drawers, Atlanta.
ia, y. y, - V sd 81.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
British Politics.

LONDON, July 2S.-Gladstone, in a let
ter to Manchester electors, expresses
his confident belief that the newly en-
franchised electors will show their pre-
ference for liberal men and liberal inca
sures. He saws he looks forward with
assured confidence to the result of the
general election.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29

LONDON, July 2S.-Sir Moses Monte
fore, the well known Hebrew philan-
thropist, who, in October last, eele-
brated the Tooth anniversary of his
birthday, is dying.
6p, m.-Sir Moses Monteiore is dead
His death occurred at Ramsgate at 4 80
o'clock this afternoon.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
PAINS Death.

CAIRO, July 28.-The report of Oliver
Pains death has been fully confirmed
by Father Bonomi, an italian priest
who has been in Ell Mahdis camp and
who has returned to Wady Halfa 8
condition of complete anarchy reign,
throughout the province and city OF
Dongola.
A new Egyptian loan of S45, 600, GOO
will be issued at the end of this week.
The price will be 954.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
The Turf.

SARATOGA. July Weather bright
and clear and cool breeze blowing.
Attendance large. Track in first-class
0 der.
First race, three-quarters mile; won
by Ernest, Guydelle second, Spaulding
third. Time, l.17H,
Second race, Saratoga stakes, for
won by Banfox, Enright
srond, King of Norfolk third. Time,
1917.
Fourth race, free handicap sweep
stakes; Kosiusko won, Abba second,
Vanguard third. Time, 153.
Fifth race, one mile; won by Whiz-
gig. Goldhan second, Banana third.
Time, 1.45N.
LONDON, July 2s.-The meeting at
Goodwood opened to-day The race for
the Goodwcod stakes was won by Baron
Rothschild's 4-year-old bay colt, Law
eret; Il. Craig's formerly Mr. ]. r.
Keen 50 5-year-old chestnut horse. Blue
Grass, second, and Duke of Beaufort's
3-year old bay colt, Pelligrine, third.
There were four starters.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
FrigghtIGd| Case
Of a CoIored Man.

contra cted fearful case of blood poison
In 1888 was treated by some of the best
phys clans in Atlanta They used the old
remedies OF Mercury and Potash. which
Drought on rheumatism and impaired INV
dig estive organs. Every Joint in me was
swol en- and full of pain. WAS in horrible
condlti n. When / had been given up to
Ole, my physicians who had seen the work
ings OF the medicine in other cases, Thought
1t would bea splendid time test the viz
tues OF Swift Sp cifc. When commenced
taking s. s., the physician said could
not live two weeks under the ordinary treat
ment ii commenced to give me the med
lclne richly according to directions. which
continued for several months. took mo-
tning else, and commenced to improve from
the mrs. Occasionally I would have
oackset from imprudence. Soon the rheu-
m tlsm left me, my appetite became ail
right, AID the ulcers, which the doctor said
were the most frightful he had ever seen.
began 10 heal, and by the first of October
1853, was well man again / am stronger
now than l ever was before, and weigh
more. 1 have not failed to report for div
since that time, being engaged IN the oil
warehouse of Chess Carley COMPANY /
nave been and still am, doing s5me of the
hardest work any man ever did, and am
ready 10 answer any question that NAV he
asked concerning this case swift's Specific
mas saved me from an early grave
LEM McCLENDON.
Atlanta, Ca. April Is, 1885.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
Picked Up.

SAN Francisco, July 28.-The Bolivian
bark Remijis, which arrived here to.
day from Newcastle, Australia, reports
that on April 18th. they picked up
Captain Short and five men of the brig
Nightingale. of Auckland, which had
been abandoned.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
More Tyranny.

Moscow, July 28;-An order has been
issued by the governor of Moscow for
bidding the sale of arms to any one who
is not licensed by law to deal in such
articles Severe penalties will be i'm
posed for violations of this order.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
Atlanta, Ga. April 49, s,I iss5 1aO0AANDoS'

Lem McClendon has been in the employ ~
she Chess Carley Company for some ye,rs
ana know the above statements to be true
A. tne tlne he began taking Swifts Specific
ne was in a horrible condition. and at M,
solicitation his treatment with s. S s was
undertaken by a physician after several
otners mad declared his case to be hopelcssIy
.ncurabie- lie took nothing but s S. s., and
mas been as sound us a new dollar for several
months. rega d his cure almost miraculous
". CROSBY, Manager,
ChesS-Csrley Co. Atlanta Division
Atlant :, Ga April is, 1885.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
A CAPTURE at Last

SAN FRANcIsco, July os.-Fort Bowie
na-Captain ( Lawton struck a
party of Indians in the MILESTONE
Mountains last night and captnrpd
twenty-four horses. The troops are
still in pursuit.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
Sailors Strike.

LIVERPOOL, July 28.-Firemen and
sailors on Atlantic steamships are
threatening to strike against a reduc-
tion in wages of ten shillings per month
1t IS difficult to obtain crews, men keep
ing sharp watch on those likely to ac-
cept the reduced pay.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
The Afghan Dimcultv

vienna, Jniy 2S.-Political C,rre..oa
denee says; A settlement of the Afghan
difficulty is unlikely until the end -
the year N, De Giers is going to of take Ss
six or eight weeks holiday. 'aAe
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
Surface indications

What miner would very properly term
"surface indications" of what is beneath,
are the Pimples, Sites. Sore Eyes,
Bo:ls, and CuLaneous Eruptions with
which people are annoyed in spring and
early summer. The eifete matter accumu-
lated during the winter months, now
makes its presence felt, through Natures
endeavors to expel it from the system.
While It remains, it is a poison that testers
inthe blood and may develop into Scrof-
uia. This condition causes arrangement
OF the digestive and assimilatory organs,
WEAKNESS often lightly spoken of as ''only
spring fever" These are evidences that
Nature is not able, unaided, to throw off
the corrupt atoms which weaken the vital
forces. To regain health, Nature must be
aided by q thorough blood-purifying med
icine; and nothing else is SO effective as
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
Relic vandals

LONDON, July 2s.-Within an hour
after the marriage ceremony OF Princess
Beatrice, a tumultuous crowd entered
the church and stripped il of its decora-
tons. The police were powerIess.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
rhe Munster Bant

DrsIIN, July 2s.-The Bank Of Tro
land has refused to loan money 10 -.
Munster Bank to assist the latter !, ' ;,s
present embarrassment. ~ aus
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
NOTICE.
OFFICE OF MOUNTAIN CHIEF MINING
zC0MPANY, ST.. GEORGE UTAE.

NOTICE Is HEREBY GIVEN. THAT At
n ameeting of the trustees held on June
Is, 1885, assessment No. 2, of 10 cents Scr
hare was levied on the capital stock of the
corporation, payable to gphn Z. Pace.
treasurer, at St. George City. Btah, on Or
before July 18th, 1855.
Any stock upon which this assessment
nav remain unpaid on the said 2sth day of
suly viii be delinquent, and advertised for
SAFE at pubic auction. and unless payment
3 made before, will be sold at the office of
company nthe 18th day Of August. 1885. to
cost q advertising and expense of s1ie.
IN testimony whereof witness my hand
SEAL and seal of said corporation. done
81 81. George, Utah. June "a KE5.
90 g T. H0LLADAY,
-" Secretary.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
fear, PAM

Palpitation. Dropsic:,l Swellinrs Pr
Aness, indigestion Headache. sleen
iessness cured by Wells Health l,e.
uswer."
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-07-29
ACTIVE ACCOUNTS SOLICITED

Certificates Of Deposit Issued Payable on Do
len mand.
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1885-09-17
HUNT 500
REV. /. M. SPRINGER. DECEASED.
Resolutions Of the Marietta Baptist Church,
Adopted in called Conference. Sept. 10, 85.

Resolutions Of the Marietta Baptist Church.
Adopted in called Conference. Sept. 10, '85.
Whereas, Rev l. NJ Springer, who, as pas
tor of this church during the last FIVE years.
and as pastor of the neighboring church of
Mt. Zion, for many years prior to the war
has been 50 long identified, in acquaintance
and interest, with this congregation and
| Ommunity-wnch he has served with every
mark of devotion on his part and of accep-
liability on theirs; who has been diligent in
every department of his high calling in
| Christ Jesus-in the association. in the
church, in the school, Sunday school and
Notwithstanding, exhortng, inviting, com
| torting, admonishing; and, in all his per
| sonal relations with society, atfable, winning
| the respect and esteem of all, gentle modest
unobtrusive and refined; who has, as a
preacher demonstrated the word with power
to the warning of sinners and wooing of
souls; has, i'll the mysterious providence of
God, been, after a painful and protracted
illness, which he bore with christian patience
and resignation, called away to his eternal
reward leaving upon devoted family the
sense and impress of desolation, and in a
solemnized congregation, drawing tears from
eyes uHuSeu 10 weep therefore, be IL,
LIST. Resolved, That in the death of Rev.
|. NJ. Springer, we recognize personal loss
as of friend and brother general bereave-
ment as of one who went in and out before
us; both which shall be green in our hearts
long after the drapery of sombre black shall
have been removed which, as habilimeuts of
mourning, bedroop our pulpit and walls to-
day-neyer more to resound to voice that
is still;
I'd. Resolved, That as mourners with
them that mourn, we tender our heartfelt
| sympathy to the family of our deceased pas
/ tOr-cOmmending them to the God of the
fatherless and widow and assuring them of
our continued protection and interest;
3D. Resolved, That these resolutions be
spread upon the minutes of the church, and
that the Clerk furnish copy to the bereayed
family and communicate others to the Chris
tim Mdex and MARIETTA JOURNAL with the
request to publish.
SAMUEL EARLE,
NJ. r. Lyon, Committee
j. c. GREER.
The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1885-09-17
AUSTELL.

Just as we predicted our charter has
come and we will be recognized now other
wise than as mere group of houses. We
send up three cheers for Steve"
We have only three candidates for
mayor at this writing. Will meet in con
vention this week and make nomination.
-Austell still continues to improve. Sew
eral new Improvements have been made re-
Gently. Mr.. A. II. Irvine is erecting very
creditable store house and will be ready to
accommodate the public in few days.
Mr.. Thompson, of Atlanta, has bought
a business lot here and will erect a two story
brick building thereon
We learn from reliable sources that Mr.
Il. w. Marsh is receiving bids for a 100
room hotel at the the Spring. The street
railway report is still current. The citizens
are awaiting this event with much interest
as it will be prime necessity in building
up the Spring and community.
There is some sickness yet prevailing
in this community
Mrs. Lyle, wife of d. X Lyle, died near
this place on last Wednesday morning and
was buried at o'clock p. m, at the GENE
terry. She was kind-hearted christian lady
and will be missed very much.
Misses Camille Sewel, of Chattahoochee
and Alice HUMPHREYS, of Villa Rica, have
been visiting friends at this place
The crops in this section are better than
for several years past
"A party from concord consisting OF
Misses Sallie Love, Mamie Holland, Laura
Dunn, May Love and Capt NJ V. Ruff and
others have been spending several days OF
pleasure at the Spring
The annual singing convention Of the
Concord Association met at Salt Springs
station on the 4th, 9TH and 9th ofthis month
and it was an occasion of much enjoyment
to all lovers of music ScRIBo.