The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-02-08

iva PANy was hard hit yesterday
iVH 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 SUI
gar company for money due for tur-
nishing Japanese male and female Ia
borers at specified rates which money
was to be returned to the immigration
company 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 a sum amounting to SzoOo
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 plaintlH
seeks to recover about $4,000 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 VINO
are the delinquent stockholders. ana 10
ascertain why the officers of the plan
tation make no effort to call in delin-
quent assessments.
Lorrin Andrews, attorney for the ia
nan immigration Company, sets forth
that the Maunale 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 plaintih
whereby for a valuable consideration
It agreed to pay to the immigration
company the sum of s462.15 and the fur
Their sum of S135 for each japanese
man. and S1O5 for each woman. per
month, furnished to the plantation
from July 1, 1900. to October |, 1892, no
payments being required until Deeem-
Der I, 1900 when the said sum OF S462.l5
and the installment payments due from
July to December, 1900, We're to be PAID
by the defendant. On July 10, lSOo, Tor
value received, the defendant gave the
plaintiff it's promissory note payable SIX
months after date without grace. for
the sum of s297S.40. 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
fy the claims of it's 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
corporation has made and is making no
effort to collect the money due from
their delinquent stockholders to pay its
creditors Herewith.
"The acts of the corporation tend to
the manifest injury of your orator and
are r'anly contrary to equity or ade-
quate remedy except in a court of
equity. Your orator further shows that
without the discovery and 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
poration and to proceed to enforce its
claims against the defendant corpora
ton" The plaintiff prays that the cor
poration be summoned to appear and
produce the books of the corporation
and that the officers make full and
true discovery of the affairs of the plan
tation.
MAUNALEI IN ESTES COURT.
In the United States District Court, s.
Horiyea, s, Kuruse, C. SaIto and S. Oza-
HI doing business under the name OF
the Toxic immigration Company Limit
ed have brought suit against the Mauna-
lei Sugar Company for Sl.497 with inter
est from May %. 1892 for damages re-
sulting to them in that defendant, act
ing therein by its duly authorized and
appointed agents, Gear Lansing a. Co.,
did upon May ~, 1899, enter into sign
and become bound by certain contract
and agreement between the Toxic Imml-
grafton Company, The plaintiffs agreed
TO import for the Maunalei plantation
100 able-bodied male and female Jap la
boIers, with 70 per cent OF them females
within Two months Of the signing OF the
contract. The defendant company In re-
turn agreed 10 pay 10 the said plaintiffs
as compensation for the cost OF trans
portatiOn and for all other expenses up
10 the time OF arrival OF the laborers az
Honolulu the sum of SO for each malls
laborer 90 imported ana accepted, and
the sum OF $50 for each female laborer.
such sums sers 10 be repaid az the
rate OF iiM ppr month for the males
and ti05 per month for the females, un'
III az the end ~ three years o. until
the whole amounts Of 90 ana go respect
igaly were repaid for each lAboFeT 30 I'M.
ported ana accepted Tha plalniins de-
llleTed 100 malice ana fourteen females,
who wsra accepted by tbs company, For
long time, ~ slnee haFeh, 100, no pay
nsnt ~ the said monthly inalallmsBls
has bssn made ~ tbs defendant ana
ihffn IL nos osiRH N,igI 40 principal
hsinE ihr total ~ the inHisllmenis ~
lhh isn months ffem April l. 1902 90
llIl.l ~ IaII L.. llI Ialn IAlI