The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-11-19
Claim Made for Fee for SOpGF and
Valentine.
THE COMMISSION AGREED UPON
New Document Filed - Promoters
Stock MentIoned-Other Mat
ters in Circuit Court.

Friday. November Is, lSsS.-In the
Circuit Court OF the First Circuit. the
proceedings of John II. SOper and L.
>. Valentine. plaintiffs. vs.. Benjamin
F. Dillingham; and Waialua Agricul
tural Company Ltd. defendants. in
equity. bill for declaration OF trust.
specific performance and injunction.
advanced another stage. An amended
bill OF complaint was filed with George
Lucas. clerk of the Court. which. after
lengthy preamble setting forth plain
tiffs' presentation OF the facts in the
case. concludes with the following
prayer:
I'D That the defendants be sum
moned to appear and answer hereunto
and be bound by all the proceedings
had herein:
"t2) That a restraining order be
made forthwith restraining the defend
ant corporation from issuing any of
said shares and restraining the said Il.
+. Dillingham; from dispOsing of any
of said shares, until the further order
OF this Court.
"(3D That the defendant. Il. +. Dill
lingham be required. upon receipt from
the defendent corporation of 10000
shares OF said capital stock. to deliver
the same TO the plaintiffs for the use
of the purchasers thereof in San Fran
cisco, and that the defendant, B. l..
Dillingham;, be decreed to be until such
delivery to the plaintiffs, a trustee OF
said shares and OF the right thereto.
TO the use OF the plaintiffs in behalf OF
said San Francisco purchasers of said
shares;
90 That the defendant ~. i. Dill
lingham he ordered and decreed to de-
liver TO the plaintiffs 500 shares of the
paid-up stock of the said corporation
as the plaintiffs agreed commissions
for said sale OF said 10000 shares: and
also to deliver TO the plaintiffs ] .16O
shares of said paid-up stock as the
plaintiffs share OF the aforesaid pro
mOter's fees agreed upon as aforesaid.
and that in default of so doing he be
ordered. adjudged and decreed to pay
to the plaintiffs such sum as the Court
shall award as damages for such
failure
"t5b And for such other and further
relief orders and DEGREES in the prem
ises as may be appropriate and just:
And the plaintiff will ever pray,
etc"
tSigne6 JNO. II. SOPER.
For Self and =. s. Valentine
In the matter OF \. J. Ferreira vs..
Manuel Farias. malicious prosecu. ion,
which was heard by Judge Stanley
some days ago and decided in favor OF
the latter. Geo. y. Davis. as his attor-
ney. filed defendants bill OF costs with
notice to \. G.. Correa, attorney for
piaintiff. OF taxation OF aforesaid bill
before the chief clerk OF the Judiciary
Department on the 2Ist day OF NOvem-
Der, 1898 at IL a. IN.
Defendants bill OF costs in the
amount of $3.50 together with notice
OF taxation before the chief clerk on
November 21st. 1898. al II a m, was
also filed by Geo. a. Davis, attorney
for defendant, in the matter OF J. 4.
Magoon rs. Louis Marks. assumpsit. in
which cause verdict for the latter was
entered in Judge Stanley's court few
days since.
In the Circuit Court Of the First Ju-
diCial Circuit before Judge Perry, the
action OF Waikulani Is. Joseph o. Car
ter Ct al. trustees. etc. ejeCtment.
again came up for hearing The Court
issued and signed an order as follows:
The defendants herein having filed
ana presented 10 this court a mOllOn
for dismissal OF the above entitled ac-
| tiOn based upon affidavit. and the
Court having considered the same. il
Is hereby ordered and adiudged that
the above named p.aintiff Waikulani
be and appear before this COur- a. the
! judiciary Building in the city OF Homo
! lulu. Oahu. on Saturday. the 18th day
| OF November. 1888. a. $50 o'clock Of
said day. then and there 70 show cause,
/ If any. why the dismissal in the af0re-
said action as prayed for 10y the mo-
| tion OF the defendants herein should
not be granted. And that said Waiku-
| lani or attorneys be served with a
| COPY OF this order 10 show cause ac-
| ccmpanied with a copy OF said mo ion
| and affidavit forthwith" The motion
! FOR dismissal Is based upon the sworn
| statement OF Defendants counsel that
! plaintiff has refused and neglected 10
| comply with the order OF the court
| made on the eth day OF November.
| 1898. 70 file a good and sufficient bond
in the sum OF 5000. conditioned 20 pay
all costs 10 be incurred in the above
| entitled action in the event ~ said