The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-11-28
The DECREE FILED
Formal End of the Soper
Litigation
Full Account Of Proceedings Brief
" Noted In Last Saturdays
ADVERTISER"

As already stated in the Advertiser,
the oper-Waialua Company litigation
was brought to conclusion on Satur-
day last by compromise between the
parties, by the terms Of which, Mr..
Dillingham; paid to Soper and Valen-
tine, the sum Of $65,0OO In full Of oil
their commissions and other compen-
sation for having placed the ten
thousand shares of stock in San Fran
cisco, which was the sub 'ect 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 fled 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-
cision 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
stockholders 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 $1,000, 900
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 1t is still selling at
approximately $25 above the par value
With the uncertainties caused by the
litigation removed there Is no reason
why the stock should not again rise
Ito its former value and even higher.
The following Is a full copy of the de
cree fled Saturday:
THE above entitled cause having
come on to be heard on bill, answer
and proofs, and the Court having heart
and considered the evidence and :h'
arguments of counsel on behalf Of tn
complainants and of the respondents
and being of opinion that the respond
lent Benjamin F. Dillingham; now hold
1.-THE legal title to the ten THOUSAND
shares of the capital stock Of the Wal
alia Agricultural Company. Limited
named In the compliments bill q
complaint, and that said Dillingham;
should be decreed to hold said share
las trustee for the benefit Of the person
to whom said compliments sold salt
shares, and that the compliments ar
entitled to commissions as agreed upol
by the parties for their services In oh
ItaIning purchasers for said shares.
1T Is ordered, adjudged and de
creed that said Benjamin +. Dilling
ham do stand charged In respect 4
! said ten thousand shares Of the capita
stock OF the Waialua Agricultural Com
pany, Limited, as trustee for tn
benefit OF the persons whom said share
were sold by said compliments; an
that the respondent. the Waialua AZ
ricultural Company, Limited, by It's AZ
prOpriate officers shall issue certih
Gates for said ten thousand shares 1
the persons TO whom said shares wer
sold by said complainants or TO thei
order or assigns,
And Il having been made TO appea
10 thu Court that said complainant
are willing 20 accept from said respon
dent, BENJAMIN y, Dillingham;, the SUI
Of sIxty,nye thousand dollars In fu
of all claims and demands Tor commit
sions and services In respect 10 III
sale NJ said shares,
~ ID further ordered, aijudsed AN
! ld,ereed thai said respondent iienjaml
: v, Dillingham; do pay 90 said complain