The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-02-08

i
WI both in the United States and
in the Territorial courts by the
Toxic Immigration Company, Limited,
and the Japan immigration Company
The former company makes claim
against the bankrupt and insolvent su-
gar company for money due for FUR
nishing Japanese male and female Ia
borers at specified rates which money
was to be returned to the immigration
in monthly installments ex-
tending over a period Of three years.
This suit was filed in the United
States District Court in the forenoon
and involves sum amounting to $1,000.
The other suit was filed in the Circuit
Court late in the afternoon by the ia
pan Immigration Company and Is styl-
ed "a bill of discovery" The plaintiff
seeks to recover about $500 and re-
quests the court to demand that the
books, papers and officers memoran-
dums relating to the affairs of the
bankrupt plantation be brought into
open court for examination as to who
are the delinquent stockholders, and to
ascertain why the officers of the plan
tation make no effort to call in detin-
quent assessments.
Lorrin Andrews. attorney for the ia
pan immigration Company, sets forth
that the Maunalei plantation has been
at all times an Hawaiian corporation
organized for the culture and export of
sugar cane The company sets forth
that the defendant corporation entered
into an agreement with the plaintiff
whereby for a valuable consideration
1t agreed to pay to the immigration
company the sum of s462.15 and the fur
Their sum of S1.35 for each Japanese
man, and s105 for each woman, per
month, furnished to the plantation
from July 1, 1900, to October 1, 1892, no
payments being required until Decem-
Der 1, 1900, when the said sum of S462. 10
and the installment payments due from
July to December, 1900, were to be PAID
by the defendant. On July 10, 1900, for
value received, the defendant gave the
plaintiff its promissory note payable SIX
months after date without grace. for
the sum of $2,97S.4o. At the expiration
of the said six months due demand was
to be made upon the defendant for such
note and the payment thereof was re-
fused.
It is further shown in the bill that
upon information and belief the defend
ant corporation is hopelessly insolvent
and bankrupt and is wholly unable to
pay and satisfy the amount due, and
your orator alleges that the whole cap
ital stock has not been paid in, and
that the capital is insufficient to salts
fly the claims of its creditors and that
a number of the stockholders of the
company are delinquent in their pay
ments. but their names are unknown
to your orator.
your orator further says that the
corporal ton has made and is making no
effort to collect the money due from
their delinquent stockholders to pay it's
creditors Herewith.
''The acts of the corporation tend to
the manifest injury of your orator and
are plainly contrary to equity or ade-
Quate remedy except in a court of
equity. Your orator further shows that
without the discovery ard examination
of the books and officers of the said
corporation your orator is unable to find
who are the delinquent stockholders
and what amounts they owe the cor
poratfon and to proceed to enforce its
claims against the defendant corpora
ton" The plaintiff prays that the cor
poratfon be summoned to appear and
produce the books of the corporation
and that the officers make a full and
true discovery of the affairs of the plan
tation.
MAUNALEI IN ESTEE's COURT.
In the United States District Court, s..
Horiyea, S, Kuruse, C. Saito and S. Oza-
XII doing business under the name of
the Toxic immigration Company Limit
eO have brought suit against the Mauna-
lei Sugar Company for s1.49T with inter-
est from May %, 1889, fer damages re-
sulting to them in that defendant, act
ing therein by its duly authorized and
appointed agents, Gear, Lansing & Co.,
did upon May o. 1893, enter into sign
and become bound by a certain contract
and agreement between the Toxic Immi-
grafton Company. The plaintiffs agreed
to import for the Maunalei plantation
100 abie-bodied male and female Jap Ia
borers, with % per cent of them females,
within two months of the signing of the
contract The defendant company in re-
turn agreed to pay TO the said plaintiffs
as compensation for the cost of trans
pcrtation and for all other expenses up
to the time of arrival of the laborers at
Honolulu, the sum of s36 for each male
liaborer so imported and accepted, and
the sum of $50 for each female laborer.
Such sums We're to be repaid at the
rate of s1.35 per month for the males
and SLOo per month for the females, I'M
I'll at the end OF three years or until
the whole amounts of S36 and $50 respect
lively Were repaid for each laborer SO i'm
ported and accepted. The plaintiffs de-
livered 100 males and fourteen females,
VINO We're accepted by the company. Fol-
long time, or since March, 1900 no pay
ment OF the said monthly installments
mas been made by the defendant, and
there is now owing s1,497 as principal
/ being the total of the installments for
the ten months from April !, 1900, to
February l, 1901, at $3.50 per month, OF
which no part has yet been paid.
7 For further and distinct cause of ac-
ton the plaintiffs claim the additional
sum or s525. with interest from Deem
Der l6, 1899. for damages resulting tG
them In an agreement to take 100 more
Japanese males and not to exceed % pei