The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-29

receive all the at pay the debts and up the partnership
affairs and and then Bradford
PAVING him what might be due him
> That there of due
missions sale Of 10y Baslaw and Lund to one
Eagan which of the frno of G. X. Wilder
+ That without the knowledge the plaintiff the defend
ant Bradford obtained order from Basaw and Lund
Eagan for the 5000 III hi Bradford name and after the
solution of the partnership lac, Bradford attempted collect
the money own Use, il being an asset of G. X Wilder
x Co.
That defendant Bradford inovcnt and intended or
about to leave the country.
These facts certainly bring the within jurisdiction
equity. and. which. may founded and granted
restraining the defendant collecting firm
interfering with their collection 10y plaintiff The dissolution
partnership insolvency defendant: the mutual
agreement partner shall collect all assets pay debts
and settle (hc partnership the immediate danger
mappcaton of the funds 10y the defendants and
interference with the partnership property 10y partner
authorized settle the business, all grounds for
of equity the defendant by injunction. and this
without accounting being asked for.
Il Eng. Ency. 951; Lindley Partnership. Sc
997. and 1912: Do-tch q. Gear. IIaw.
The Defendant claims that the whole proceedings
violation of Chap relative legal procedure in of
record, p 49, Civil Laws that this chapter ccntempaes that
civil action should be commenced in of record and
expressed Section 1889 Gin the petition contains
for constraint. then order of
Injunction shall be issued if the deems it
expedent but such order injunction b legally issued
Without the time of filing petition for Injunction bill
determine the legal rights of the parties has been fled
reference said Chap Civil Laws. p. shows that
it is civil procedure of record
and pages 491 provisions made the Issuance
of orders of injunction in civil involving
mlqudated demands and recovery of property eectment
Clearly this chapter has nothing do with concerning equity
but Is confined to actions a law.
Neither the plaintiff the defendant registered the copart
nehip in accordance with the requirements of Chap 100
54. Penal Laws Registration of Copartnehip-. BY this law
1t Is incumbent persons carrying business in copartner
ship file with the Minister of the Interior
The residences each of the members of such
copartnerslip > The of the business. The
f. The place places of business. And. from time
time, report the Minister of the changes
which may In the firm.
The members of every coparnersp who shall neglect
fail comply with the provisions of this law shall severay
and individually be liable
copartnerhp and may be sevcry sued therefor
necessity of joining the other coparnerp in
any action suit and shall also severaly liable upon
viction penalty exceeding five dollars
every day while such default shall continue which penalties
may be recovered in district courSecon 1868
Laws
The partnership being for legal purpose Is legal be
the partners and the noncompliance with the of
registration of coparnehip, although involving penalty
does not affect the relations of partner another
ieve partner from liability the other for wrongful
This point we'll taken. Yee Yop T. Tai Young
II Haw. 1875
The appeal Is dismissed