The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-19

eyer pndcnfc lite for removal of Huace and Foster
from Office and such other and further relief in the prem
Ise of t= require and
as TO your Honor and Honorable Court meet
The respondents their everaly denied the truth
of the charge as BILL that they had frauduently
converted hirtyve thousand ($35 o0000 dollars
their averred the truth to be that to the
incorporation company they held and controlled certain
lands and options that such incorporation
they conveyed assigned the corporation all of such lands
including the McCorron lands referred to the BILL leases
and options for consideration of sixty thousand s6oooOoO)
dollars in cash and thousand 10000 shares the
aabIe the corporation, and that of the money
and stock last mentioned they paid and transferred the Nc
(istons the twenty thousand 100000 dollars
in cash and thousand q OOO of
siIeraon for the deed referred to in the bill
Upon of the pleadngs, the trial had. After
conclusion, the orally announced from the bench that
finding from the evidence that the three respondents
r.rperaed fraud both actual and contructve upon the
corporation and that judgment would be rendered against them
of thy-ive ($35, 100000 fraudu-
eny converted their further stated that the
dence plainly that the three respondents had audueny
converted their hundred and twenty thousand
($12OOOOOO) dollars of the paid up stock of the corporation,
and notion called upon argue the ques
ton whether under the bill originally
filed the had power and authority render Judgment
against the respondents for such paidup stock After
ment bill had such power
authority Counsel for the cOmpanans thereupon asked for
amend bill by adding the following
allegation a) the said defendants Frank Husace,
j. J. Egan and Frank H. Foster did mlawfuly
conspe confederate and agree together cheat and
efraud the stockholders of the said Kmalo Sugar Company
Limited and the Kamao Sugar Company Limited of the
pdup the said corporation of the value Of one hun
twenty ($12OOOO dollars and they the said
Frank Hustace j. j. Ean and Frank H. Foster did accord
ngy frauduenty wuy corrupty take and the
id-uD of
pany value of hundred and thou
sand ($12OOOO dollars their use and by adding to
prayer further that the said Frank Hustace John j.
Eyan Frank H. Foster be declared trustees for the said
Sugar Company Limited and that they be ordered
by pay back the treasury of the said Kamao
Sugar Company Limited the said hundred and twenty
thousand $12oOooOO) dollars of padup stock fraudu
lenty by their out in para
graph of said bill upon failure pay the treasury
Kamalo Sugar Company, Limited the said hun
dred and twenty $12O00O00) dollars of paduR
corporation that they may be ordered pay
into said treasury of the said Kamao Sugar Company
Limited of hundred and twenty thousand $12O,
OO) dollars such other this shall
DEEM meet
The order allowing amendments dated November
1900 filed November s. 1900 On the 5th of the
stipulation filed by counsel allowing respondents
days November 3rd within which file motion for
the bill amended and introduce evidence
under answer November Sth a motion to that
effect filed, supported by affidavit On November 10th
companan agreed in writing ''hat, with the
consent court defendants herein may have until Novem
her GOTH 1900 the amendments plaintiffs bill
complaint OF this agreement the said II
approve this stipulation do think that further
will subservc the ends of equity The amend
ment bill allowed that the allegations might
proof The opinion of the Court has been rendered
though not actually reduced writing
Subsequently, however the permitted the respondents
file answers to bill amended In these answers the
respondents truth of the charge of fraud contained
averred that the allotment OF paduP