The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-08
DENY ALL
FRAUD.
Answer Of M. q.
| Silva and J. M.
ViVas.
ASK DISMISSAL
OF PHILLIPS SUIT
Portuguese Real Estate Men Make
Reply to Allegations
Filed.

N THE case of A. r. Phillips against
4 M. G. Silva and J. NJ. VivaS, in
which the defendants are charged
Il with fraud in connection with the
sale of real estate, which the plaintiff
had placed in the hands of the defend
lants, the following answer was filed by
the defendants yesterday:
Said defendants admit that said plain
| tiff owned a life estate in certain prop
erty at Puunui, Honolulu, Island of Ca
| hu Territory of Hawaii, which he con-
viewed to defendants by decd dated Feb
ruary 49, 1901, copy whereof Is hereto
attached marked "a and made part
hereof. But defendants have no personal
| Knowledge whether said property Is de-
| scribed in or covered by the awards and
patents mentioned in PLAINTIFFS bill OF
| complaint and so neither admit nor deny
the allegations in said bill specifying the
numbers thereon.
Defendants admit that en- the nth day
| of February, 1901, plaintiff gave the de-
| PENDANTS an option to purchase plaintiffs
| lands for the sum of $4,000. copy of
which said option Is hereto attached,
marked "B'' and made a part hereof.
| Defendants deny that they promised
ana agreed to procure loan Of s2.s0s
upon plaintiffs interest in said property
| arG they deny that they procured the
execution OF said deed by means of any
| false or fraudulent representations or
with intent and design to defraud plain
| tiff, or by falsely or fraudulsntly repre-
Esenting to plaintiff that said deed was
| for the purpose of securing said loan.
Defendants admit that they have not
| paiG to plaintiff or any other person on
| his behalf the said sum of 5000, ana al
50 that they have been unaole up to the
present time to negotiate SAID loan, al
though they have endeavored and are,
| still endeavoring to do so.
| Defendants deny that plaintiffs inter
est in said property is of the value of
$4,000
Further answering said petition. these
| defendants aver that plaintiff approach
| &c them in the early part of the month
| of February, 1901, and represented 10
them that he was then in financial diSf-
culties and threatened with arrest on a
| charge of embeZzlement and hat he de-
| sired defendants to raise some honey for
him by a mortgage on certain lands that
| he owned.
| Defendants endeavored to obtain a loan
of some money for plaintiff, but were
| unsuccessful because Of the fact that
plaintiffs interest in said lands was Inn
| tied to his life.
| The plaintiff requested the defendants
| to advance him some money to tide him
| over in his difficulty, and so, on Febru-
airy 10, defendants paid him the sum OF
500 without any security therefor.
| On the 18th day of February. at plain
! tiff'S request defendants paid him the
| further sum of $50.
Plaintiff then agreed to convey his in
! terest in said land to the defendants on
the understanding that defendants would
endeavor to procure loan of 5000 upon
a mortgage thereon, and also to insure
plaintiffs life for $1,000, one-half of the
proceeds. in the event of plaintiffs death,
to be paid to DEFENDANTS; and that If
purchaser of said property could be Sc
cured the defendants would receive one
half OF the net proceeds of the sale, in
which event the policy Of insurance
would become the sole property of plain
tiff. 1t was also agreed by plaintiff and
defendants that defendants should pay
the insurance premiums and taxes on the
land out of the rents derived from the
land, which now amounts to $3.50 per an
nun. And that plaintiff and defendants
thereupon executed the agreement dated
February IS, 1901. copy whereof is here
to attached marked &C.
Thereafter it was agreed between de-
PENDANTS and plaintiffs attorney, Mr.
Berry, that the time defendants would
have in which to procure the said loan of
$1,000 should be limited to one year from
the date of said agreement, whereupon
defendants forwarded a letter to plain
tiff on February 81, y copy whereof is
hereto attached, marked ID" 1t being
understood by the parties that IL de-
PENDANTS should fail to procure said loan
by the end of year the plaintiff should
repay the money advanced to him by
defendants, as hereinabove alleged. and
that defendants would then reconvey to
plaintiff the property conveyed to de-
PENDANTS by said deed.
All allegations in said petition not here
In specifically answered are hereby de-
MED. Wherefore defendants pray that
said petition be dismissed with costs.
a