The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-04-22
In THE SUPREME COURT OF THE HAWAIIAN
ISLANDS.


ISLANDS,
MARCH TERM 1897.
J. S. CANAIRO, MANOEL BRANCO, j. r. GASPAR,
JOHN ANTONIO, JOSE DE MENDONCA, FRAN
CTS MARTINS and SAINT ANNA Plaintiffs, 4. JOSE
G. SERRAO JOSE JOAQUIN FORBADE, JACIN-
THO NJ. GOUVEA and ANTOINE CARVALHO De
PENDANTS.
INFORMATION FOR WRIT OF Quo WARRANro.
SUBMITTED MARCH 49, 1897 DECIDED MARCH 81, 1897.
JUDD, Cd, FREAR WHITING, il
meeting corporation fixed by the
the fixed and another
be he
meeting would them.
Held that approval
meeting Illegal
sent y, ALI the okboders to alter or change the bylaws Of
meeting
the bylaws The change alter amend the bylaws
is in stockholders
in
lawfully could be ousted
Held that to obtain writ of quo warran formal petition duly
fed must be petition
That be issued the
bo The rit is directed uere not LEGALLY elected officers Of
unlawfuly
hold election
call meeting stockholders
refer the petitioners to the remedy by mandamus.
OPINION COURT WHITING. J.
The affidavit j. S. Canaro sets substance
stakeholder Portuguese Sugar Mill Company, Linn
tied corporaion) with capital stock of $4,000 dollars,
divided into so shares of $500 eah that 81 shares only have
been legally Sold and the plaintiffs hold majority thereof
20 shares; the officers president vlcepesent
and auditor who constitute the board OF directors
and the business of the company committed their charge
That by Sec s. Art VI of the bylaws, a the business
actions be agreed by all the members of the board
of directors they cannot it shall be submitted
the general assembly for final decision That the by
provide annual meeting of shareholders in January
bIlaJ the
each and all the shareholders shall be
notified by the weeks thereto by letter
Atant further forth that defendants of them
published notice in the newspapers that the annual meeting
of 1897 would be held January IL and that letters
70 shareholders by defendants OF them notice
for their annual January IT, 1897 That
January 6 1897 the defendants who represented minority
of the shares unawuly and in violation of the bylaws held
pretended meeting and election of the following officers j.
Serrao president Zone of the defendants) J. Canairo
tary defendant) j. j. FORBADE, Ga defend
j. VI. Gouvea auditor Ga DEFENDANT, and that
officers assumed the duties of officers of the
but that this assumption of control contrary the rights of
plaintiffs, and in violation of the bylaws of the and
violation of law: and that the will result IN the injury
and irreparabe the plaintiffs who majority of
the shareholders and also injury and damage the business
of the corporation and its mill plant Further that the
defendants who pretend be directors have auduenty and
in violation of the bylaws, against the will and the pro
of majority of the shareholders, unlawfulv sold three
shares of the capital Nos 60 81 and g. December
1896 NunO Fernandez for the under colorado
title of controlling sufficient of the shares favorable defend
and frauduentv their election officers Further
that January rs. 1897 majority of the shareholders meal
ing the planfs) assembled quorum being present. and
elected Canar president Manoe Branco president
j. r. Gaspar treasurer oao Antonio, secretary who
tary 1885, Jose Mendonca auditor and that these officers