The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-11-27
THE DECREE FILED
Formal End of the Soper
Litigation
ruii Account of Proceedings Brief
ly Noted In Last Saturdays
"AdvertIser.''

was brought to a conclusion on Satur-
day last by a compromise between the
parties, by the terms of which, Mr.
Dillingham; paid to Soper and Valen-
tine the sum of $4,000 in full of al
their commissions and other compen-
sation for having placed the ten
thousand shares of stock in San Fran
cisco, which was the subject of the
suit. The Waialua Agricultural Com
pany had nothing to do with this part
of the case.
In accordance with the decision of
Judge Perry of the Circuit Court, a
decree was filed Saturday having the
approval of all the parties. by which
the above named money payment was
substituted for that portion of the de-
cision OF the Court which directed the
delivery of certain paid-up shares of
the company by Dillingham; to Soper
and Valentine, and also in lieu of the
money judgment by Judge Perry's de-
cfsion awarded to Soper and Valentine
The decree also directs the Waialua
Agricultural Company to issue to the
San Francisco subscribers-to whom
SOper sold the stock-the entire ten
thousand shares of stock subscribed by
them. The company will now issue to
the Honolulu subscribers the ten thou
sand shares increase of capital which
was argued upon by the meeting of
held about a month ago.
This settlement brings to an end one
Of the most complicated cases ever be-
fore the courts OF Hawaii. The amount
Of money involved and the length Of
the trial are record breakers in Ha-
wall. The market value Of the stock
directly involved was about 81 500 000
and the time occupied in the trial was
about six weeks.
By reason of the uncertainty grow
ing out of the litigation the stock of
the company has recently declined
heavily, although it is still selling at
$25 above the par value
With the uncertainties caused by the
litigation removed there is no reason
why the stock should not again rise
to its former value and even higher.
The following is full copy of the de-
cree filed Saturday:
The above entitled cause having
come on to be heard on bill, answer
and proofs. and the Court having heard
and considered the evidence and The
arguments of counsel on behalf Of the
and of the respondents,
and being of opinion that the respond
ent Benjamin F. Dillingham; now holds
the legal title to the ten thousand
shares of the capital stock of the Wal
alua Agricultural Company, Limited,
named in the compartments bill Of
complaint, and that said Dillingham;
should be decreed to hold said shares
as trustee for the benefit of the persons
to whom said compliments sold said
shares. and that the compliments are
entitled to commissions as agreed upon
DIV the parties lOi IliClA oS1 WIS ~ ~
tanning purchasers for said shares.
1T is ordered adjudged and de-
creed that said Benjamin F. Dilling-
ham do stand charged in respect to
said ten thousand shares Of the capital
sock of the Waialua Agricultural Com
panv. Limited, as a trustee for the
benefit Of the persons whom said shares
were sold by said compliments; and
that the respondent, the Waialua Ag-
ricultural Company, Limited, by its ap-
Dropriate officers shall issue certifi-
Gates for said ten thousand shares to
the persons to whom said shares were
sold by said complainants or to their
order or assigns.
And it having been made to appear
to the Court that said cOmplainants
are willing to accept from said raspon-
dent, Benjamin F. Dillingham;, the sum
of sixty-five thousand dollars in full
of all claims and demands for commits
sions and services in respect to the
sale of said shares.
1T is further ordered, adjudged ana
decreed that said respondent Benjamin
F. Dillingham; do pay to said complain
ants the sum of sixty-fve thousand
dollars and costs of court taxed at
1926. so"