The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-03
FRAUD IS
CHARGED
M. Gomez Says
J. Cordeiro Was
Underhanded.
TENANT TURNS
TABLES ON HIM
Lease Which Late Dowager Queen,
Kapiolani. Gave in 1897,
Causes Trouble.

Manuel Gomez has brought suit in
the circuit Court against Jose Cordeiro
praying for an injunction against the
defendant to prevent him from dispos-
ing c. a certain lease obtained from
the kapiolani estate, limited, of pro-,
lerty on kinau street. He petitions the
First Circuit Judge as follows: On or
about January 81, 1897, Gomez acquired
and was IN possession of a IeaseholI
interest in and to certain real property
and improvements thereon, having a
frontage on Kinau street of 100 feet, the
same being leased on January 20, 1897,
by the late Queen Dowager Kapiolani
to Joaquin da Motta and by him on
January 81, 1897, to the petitioner with
the consent of the Dowager
| On January 20, 1897, the petitioner
| says he sublet a portion of the prem
ises, as he had a lawful right to do,
to the defendant for four years and
six months, which was done in writing
| Said instrument of writing purports to
have been made and executed on July
%, 1890, but the true date was July %,
1887, the erroneous late having been
made by the mistake of the scriyener.
Since the execution of the original
lease Queen Kapiolani has died, and
the petitioner states on Information and
belief for the want of more certain
knowledge, that the Kapiolani Estate,
Limited, has succeeded to the land and
improvements. 1t was understood that
there existed the relations of landlord
and tenant between the two parties TO
the suit, and that upon the expiration
of the present lease of the petitioner he
would endeavor to secure a new lease
from the Kapiolani estate limited.
I'm violation of the trust and conf
dence reposed in him by your petition
err the complaint sets forth, land
in utter disregard of the relationship
existing between them. the defendant
has, under cover and IL an undetermined
and inequitable manner, sought and OBJ
tanned of and from said Kapiolani Es-
tate, Limited, a renewal lease on the
whole premises covered by the original
lease acquired by petitioner, and part
of which was sublet to the defendant.
The Kapiolani estate, limited has re-
fused petitioner information regarding
the. description and terms in the origin
al lease"
The petitioner says he stands ready
and willing to make good and pay his
proportion of whatever. if any, addi-
tional charges are or may be incidental
| to the renewal of said lease. The Pc
titiener fears that the defendant may
sell. assign, transfer or, otherwise dis
pose of said lease so fraudulently OBJ
tanned by the defendant and the rights
of the petitioner may b.. lost and he be
rendered remediless, urdess a restrain
ing order issues from tie Circuit Court
The Circuit Judge has ordered tnat
the defendant shall appear before him
at chambers on Tuesday, May {, 1901
at p. M, to show cause why a tenn
porary injunction should not isse az
prayed for. The defendant is restrain
ed and enjoined from selling, transfer
ring or assigning or in any way dis.
posing of or encunnbering the lease ir
question. The complainant will be re-
quired to file a bond in the sum o.
$3.50