The Pacific commercial advertiser., 1900-12-15

BRING SUIT
MaCfarlane and Cation
Defendants.
Agency MONEY INVOLVED
F-mrr Also Sues Latter for Share Of
Commissions on Sales
Old Matter.


business in Great Britain, demands a
render of accounts of the sum OF $l3, 900
from George w. Macfarlane and Rob
ert Cation, both of this city. making
them defendants in the action The
second suit is by Macfarlane against
Cation in which the former asks for an
accounting of sums aggregating about
s21 900.
In the suit brought by Macfarlane
against Robt. Cation there is a narra
tive of financial co-partnership between
them which began in 1893 and abruptly
Terminated in February, 1899 The par
. ties TO the suit carried on the business
Of representing John Fowler < Com
pany of Great Britain in the Hawaiian
Islands, the plaintiff turning over to
Cation the business but reserving the
right To share two-ffths Of the pro-
lceeds.
Plaintiff Macfarlane says that prior
to ,1s93 he was agent for the Fowler
Company in connection with one W. L.
Green, who died in 1898.
Plaintiff then arranged TO continue
said agency in association with the de-
lfendant in the latter's name. the plain
ltiff To- receive two-fifths Of the earn
lings derived from all sales here. They
lcOntinued to carry on the business with
the consent of the John Fowler Com
pany until February. 1899. The defend
ant. says Macfarlane. duly accounted
To plaintiff for the latter's share OF the
proceeds during 1898, but that since De
lcember 81. 1898. has refused to account
for plaintiff or pay his proportion Of
the earnings of the agency.
The defendant continued making
lsdles on account of said agency durinF
1.-THE year 1894 and subsequently, until
February Of last year when the de-
fendant was notified by the corporation
that he (Catton) would no longer be
recognized by 1t as in any way associ-
ated with plaintiff in connection with
said agency.
Macfarlane alleges that defendant
received as commissions and earnings
by reason OF the agency large sums Of
money aggregating I'm all more than
81 900. although ne does not knsw the
exact amount, the defendant having
kept and still retaining the books.
Macfarlane further alleges that the
amounts received hv cation arr stil
loren, unpaid and unsettled. and de-
fendant refuses to render him his prop
sr share or proportion.
wherefore the plaintifT asks that Cat
ton be. summoned 10 appear and an
swer his complaint but not under oath
, the benefit whereof is waived.
That defendant may make a full and
truh discovery and disclosure OF and
concerning all and singular the trans
actions and matters aforesaid and that
> an account may be taken by and under
the direction of the court of all the
dealings between plaintiff and defend
ant and between defendant and the
John Fowler Company.
THAT the proportion of the amount
% said agency to which plaintiff is en-.
titled may be ascertained and th'
amount when so ascertained the de
fendant may be ordered to pay"
The suit Of John Fowler & Company
laFainst Macfarlane and Cation show
that the agency was given them in iSg
and they were authorized to negotiat
sales Of machinery steam plows an'
other goods. and TO receive paymen
therefor. and were entitled to receiv
certain commissions "a compensation
The business was carried on until Feb
ruary. 1899. in the name Of Cation. bu
with the cooperation. advice and coun
sci of g. w. Macfarlane. Many sale
were effected and defendant Cation re
ceived large sums OF money aggregat
ing upwards Of $1,000 which the com
pany alleges Cation withholds fror
them. They further allege Cato
wrongfully refuses to account to plain
tit corporation for large portion O
the proceeds and refuses TO pay ther
over as in equity and good conscienc
he is required to do. The court is aske
TO summon Defendant Cation to appea
and answer the complaint. but not un
der oath.
The Risdon Iron Works has receive
Judgment in its assumpsit suit agains
the Maunaiei Sugar Company. Limited
for s15, 5,335.75. George Lucas. clerk Of n
Circuit Court. yesterday filed the jude
ment in court. which reads as follows
This action by petition claiming tn
sum Of sf5.335.75 was filed in the aboy
entitled cause on the 9th day Of Jul.
1900
Thereafter. to-wit on the 14th da
lof September. 1900 the defendant file
in the said court n confession OF Judi
lment and consented that Judgment
entered for plaintiff for the amour
claimed In the said petition
Therefore. Il IL adjudged that Il
plaintiff recover of the defendant a
sum Of s15.3s5.75 damages. and the su
- iof s920.1l interest thereon, attorney
- commissions and costs taxed at ss96.
and $3.50 costs Of court"
~ Or Frank l.. Miner has fled an p
ception 20 the ruling Of the First Judi
81 the Circuit Court In denying motto
for new trial.
The First Judre q the Circuit Cou
has filed an order requesting r
- Mead. the cornmissioner who sold &
property mentioned I'm the bin " par
ton 81 Lillian Ice Newton. m 'ufaI
ar vs.. George ". Newton. It al. to tn
over all proceeds from the auction sd
- of the property 20 the court instead
IB 10 the parties TO the suit. The mott
py was made by Henry Holmes. one Of I
purchasers.