The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-13

Of FRAUD
Chas. Gray Sued
Because of
Notes.
ENJOINED FROM
SELLING SALOON
Mrs. Vida Claims He Purchased
Her Interests by Making False
Representations.

Serious allegations are made in suit
filed yesterday by Kate L. Vida against
tCharles b. Gray to whom she alleges she
sold valuable property under false rep
reservations. Through her attorney,
Thomas Fitch, she applied for and was
granted a temporary injunction last
night by Judge Humphreys, to prevent
the defendant from disposing of the
said property.
In her complaint the petitioner, who
is widow, alleges;
That on the 18th day Of August. 1901.
at Honolulu. aforesaid the said Charles
b. Gray, designing to cheat, wrong and
defraud your petitioner, represented that
he was a person of large means and re-
sources, and in a few days would have
from the collection of moneys due him
sum in excess of five thousand dollars
with which to pay the first of the notes
! hereinafter referred to- and if for any
| unforeseen cause he should be unable
to pay said five thousand dollar note at
or before its maturity. he would recon-
vey and retransfer said property to your
petitioner.
That upon the faith and credit of said
representations made TO your petit
toner by said Charles y. Gray. your pc
titioner entered into agreement in
writing with said Charles b. Gray, a
copy of which said agreement is annex
| ed hereto and made part hereof, mark.
ed Exhibit A.
| That thereupon your petitioner deliv-
cred to the said Charles b. Gray all her
! right, title and interest consisting of an
undivided one-half, in and to the goods,
chattels, wares, merchandise fixtures,
! assets. stock in trade, cash on hand, and
lease of the shop and premises known as
the California situate on Nuuanu street
in said Honolulu, and that at the time
of said transfer said one-half of said
property was and now is of the value of
$500.
That said Charles B. Gray then as
aforesaid, executed and delivered to your
petitioner two certain promissory notes,
copies of which are annexed hereto and
made a part hereof marked Exhibits
b and C"
That at the time aforesaid said Charles
B. Gray had not and has not now. and
ever since has not had any money, re-
sources, credit, property, or moneys
whatever, and has and still is utterly un-
able to pay either of said notes and has
not paid the notes. though requested so
10 do by your petitioner
That at the time of giving said notes
said Charles b. Gray represented to your
petitioner that he would have money in
four or five days with which to take up
and pay the five thousand dollar note,
days and would therefore. instead of
making said note payable two months
after said 18th day of August, 1901, alb
solutely would make the same payable
on or before said two months and il
unable for any cause to pay said note
at or before its maturity. would recon-
vey said property TO petitioner and that
your petitioner, deceived by said false 4
and fraudulent representations, consent
ed to and did deliver said property here
inbefore set forth to said Charles b. II
Gray and accepted said notes
And your petitioner further shows that I
said Charles B. Gray now refuses to pay
said five thousand dollar note or any |
part thereof or to give your petitioner |
any mortgage, lien or pledge on the !
property so transferred to him as securi- !
ty for the payment of the same, or to re- |
convey said property to your petitioner |
as aforesaid, or to afford your petitioner |
any satisfaction whatever.
And your petitioner brings herewith |
said notes. Exhibits and c. and the |
sum of one hundred and fifty dollars in |
terest paid by said Charles b Gray as
hereinafter set forth, and deposits the !
same with the clerk of this Court TO be |
returned and paid to said Charles b. |
Gray upon the RECESSION of the contract /
of sale so fraudulently obtained by him /
as aforesaid, and the return of the prop |
erty so transferred by her to the said /
Charles y. Gray.
Your petitioner further shows that said
Charles b. Gray is wholly insovent and /
irresponsible and unable to respond in /
damages in any sum whatever and that !
your petitioner is without remedy a |
law.
And your petitioner further shows that
since the 18th day of August 1901, the |
defendant herein in disregard and in
fraud of the rights of your petitioner.
aaS received in cash from sales of por-
tions of the property conveyed to him as
aforesaid the sum of about four hun
dred dollars, all of which he has appro-
priated and retained to his own use and
refused and still refuses to pay over to
your petitioner the same or any part /
thereof, except the sum of one hundred
and fifty dollars paid by him to petition
or as two months interest on said two
notes.
Your petitioner further shows that I'M
less prevented by injunction there is
danger that the said Charles B. Gray
may dispose of said property TO an inno-
cent purchaser and decamp with the pro-
ceeds or appropriate the same to his own
use
Wherefore your petitioner prays your
Honor that the contract herein referred
TO, marked Exhibit A. be rescinded:
that said promissory notes be returned
by the clerk of this court to said Charles
b. Gray; that your petitioner be restor-
ed to the ownership and possession of
the property in said contract described;
and that pending the final hearing and
determination OF this action. the SAID
Charles 3. Gray, his agents. servants
and employees. and all persons acting :
through. by or under him. be enjoined
or restrained from selling. assigning. !
transferring, mortgaging or in any way .
disposing of said property in said FIX
nioit A. described. and for such other, ,
further and different relief as may seem
meet to equity and good conscience and