The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-09
MACON IS
AGAIN ut"
Mrs. GertZ Accuses
Him of Sharp
Practice.
FROM COMFORT
TO POVERTY
Milk-StooI Attorney is Charged
With illegally ForecIosing a
$4,000 Mortgage.

Attorney j. A Magoon is charged
with the committal or sharp practices
in certain dealings with Mrs Anna
Gertz, of this city, who claims that he
has reduced her from affluence to indi-
gence.
Mrs. Gertz yesterday filed suit
against the attorney in the Circuit
Court. She alleges that after the
death of her husband the attorney
Ifsold all her property without the for
mality of giving public notice that it
was to be sold, and did not advertise
the property in such a manner that the
highest prices could be realized She
states that although her husband had
in his life time attempted to pay the
property, and which mortgage was in
Magoon's hands, the latter refused to
accept it. AS the Gertz property was
| very valuable, the plaintiff strongly
| intimateS that the attorney desired to
obtain possession of the property
and thereupon wronged her and her
children by taking away all their
means of deriving income in order to
do so.
! ilt suit 10 OiOuSHl ny AiiHd
in her own behalf as the executrIx of
the will of Christian Gertz, deceased,
VS.. j. Alfred Magoon, in his personal
capacity, and as trustee for G. H
Banning and b. r. Banning, John
Buckley and Maria F. j. Forbes She
states that Christian Gertz and herself
We're duly married prior 10 any of the
| times specified in her suit, and contin-
ued to be husband and wife during the
| times mentioned and up to the time
| of the death of Christian Gertz, Jan
uary Is, 1897. She was duly appointed
executrix under the last will and tes-
lament. Defendant Magoon was during
all the times mentioned continuously
the trustee for c. II. and b. r. Ban
ming. On December Is, 1894, the plain
tiff and Christian GertZ executed and
delivered to defendant Magoon a GER
tain document purporting 70 be a
mortgage. She states the supposed
mortgage was executed to secure the
payment of 500 in six months, and of
$4,000 in one year from that date,
with interest at per cent per annum.
She alleges that Christian GertZ paid
all the interest due on June IL, 1895.
and offered to defendant Magoon all
the interest due on December II, 1895,
but he refused to accept the same, but
demanded of GertZ the immediate pay
ment of the whole of said $4700, and
the interest then due. Mrs. Gertz al
leges that she and her husband We're
unable to comply with this demand.
On December Is, Magoon entered the
shoe store of Christian Gertz. at 513
Fort street, in Honolulu, and unlaw-
fully and wrongfuIly removed there
from and without the consent of the
late Christian Gertz, and against his
protest, all his boots and shoes, the
major portion valued at $2,022, and tore
away and removed his fixtures, valued
at $50. Mrs. GertZ continues that
NJ
regarded the interests of Christian
Gertz and stored the property in the
auction rooms of one Luce in such
manner that it was greatly injured by
dust, Vermin, and was roughly hand
led until January 90, 1896, upon which
date Magoon sold the property at pub
lie auction for $66.25. On the same date
Mrs. GertZ alleges that Magoon sold
the Queen street store property men
toned in the supposed mortgage at
public auction for 81, $780, and defendant
John Buckley, who has ever since had
possession thereof, bought it in. Ma
COON, on the same day, sold the Ka-
waiahao property for $500 TO Maria
j. Forbes 1t is claimed that Magoon
did not properly advertise the property
in newspaper. Maria Forbes has held
the property since January %, 1897
In April it is claimed that Maria
Forbes tore down and removed from
the Kawaiahao property stone build
ing valued at $4,000 On December 7.
1895, Magoon rendered to Christian
Gertz and the plaintiff. an account
purporting to be an account of the
matter of the foreclosure of the sup
posed mortgage. She says she and her
husband refused to accept the account |
and so returned it to Magoon imme- |
diately upon its receipt by them.
The plaintiff says she believes, and |
therefore alleges, that the said account /
was untrue lniIlSt and inapPIJra fp in
its statements, except as to the amount /
due on the debt secured by said sup
posed mortgage, and Of the amount re-
ceived by said Magoon, and as to the |
latter statements plaintiff does not
know whether they were true or not.
She declares that the affidavit which
Magoon made February Is, 1897, failed
to set forth his acts completely, and
particularly as to said sale of Janua-
ry %, 1896
The above mentioned acrs destroyed i
the commercial standing of said Chris L
tan Gertz and plaintiff, and their boot
and shoe business, the good will OF /,
which was valued at $4,000. By rea-
son of said acts, said Christian Gertz +
plalntltf, and their three children, nave
oeen reduced to Indulgence, and PLAIN
TN has been deprived of the power to
give the said children a suitable educa-
tlon. BY reason of said acts plaintiff
mas been deprived of the rents and
profits of said Queen street property.
IN IN the sum of $500 or Whereabouts, and D
likewise those of said Kawaiahao II
property, in the sum of $500, or
thereabouts.
The plaintiff has been damaged by
SAID wrongful acts of defendant Ma
COON in bodily and mental suffering as L
the result of the restitution and hui
caused hereby, in the sum
Of $4,000. iii
Wherefore plaintiff asks
that she be awarded damages against
defendant Magoon for her said suffer
ing for the sum of $4,000; for the value
Of the queen street property, s2,102;
for the value of the good viii of the Il
boot and shoe business, $4,000 Against L
defendant Buckley, for $1,000 for the !,
value of rents and profits of the Queen |,
street property; against Maria Forbes.
=, 500, the value of said profits from
he Kawaiahao property. and for 81 900 (
for the value Of the stone building.
And that the said supposed mortgage
u Il = 6a 1,T<~r-, l.