The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-12

refusal prior fling
OPINION OF THE COURT BY GALBRAIrH. J
The complainant filed bill in equity for an accounting
alleging that foreign corporation organized and existing
under the laws of the kingdom of Great Britain that the re-
rndents are residents of Honolulu; that in January 1898
correspondents duly authorized jointly its agents
within the Hawaiian Islands ''and such agents were author
led to negotiate sales of machinery, steam pows and other
Goods wares and merchandise within the scope of the business
conducted by your orator. and receive pay therefor from
urasers and that upon all sales made the respondents were
entitled receive certain commissions their compensation
mat respondents accepted said agency and performed the
of the from January, 1893, up February IS
that pursuance of said agency the respondents effected
many sales of It's said goods and machinery and that the
onden Cation collected and received large of money
aegTegang many thousands of dollars in payment of such
goods and machinery that considerable portion of which
aggregang upwards of thirteen thousand dollars the said
onden wongfuy withhods from your orator. that the
wongfuy withheld by respondent Cation be
stated for the that the number and of all the
sales and the of the proceeds thereof is known to
YOUR but lies within the knowledge of said respondents
respondent Cation wrongfuy refuses account for
ge portion of the proceeds of the sales made and collected
aforesaid and wrongfuly withods and refuses to pay the
your in equity and good conscience he is
required do that the said account is long and complicated
ard many transactions extending considerable
period of time and all of which transactions of conhden
m as between said respondent and your orator. that
tie said still open unpaid and unsettled and the
of said such that be conveniently
and properly adjusted and settled in action at law and can
oly be properly taken in of equity.
l,,ta
dr oath waived that the respondents be required to make
full and discovery and disclosure of and concerning all
and singular transactions and aforesaid and that an
account of all of said dealings be taken under the direction OF
me that the amount found due your orator from either
The respondents be ordered paid and for costs and general
relief
The bill verified by one of the solicitors for the complain
ant follows owt 'ha he knows the contents of the fore
gong bill Of complaint and that the allegations thereof are true
the best his knowledge and belief that all the officers OF
ne plaintiff absent from the jurisdiction OF this court ana
an1n makes this veriicaton in its behalf.
There was service appearance by Macfarane ne
respondent Cation appeared by attorneys and nerposed ade
fe to the said bill alleging grounds and reasons tneie
f as follows: l. Imperfect vericaton. 2 Want OF equity
DILL That the complaint does not state facts shclent "
Constitute cause of action l. That the bill is ambiguous
'Anteigible and uncertain.
After hearing and argument the Circuit Judge sustained SAID
rer the ground CD OF uncertainty IN SAID bl ana "
aoSe the had no jurisdiction over the matters anu
' IN the complaint set FORTH and ordered the bil dismissed
INC complainant then filed motion asking for i've days "ie
ch prepare and file amended bill OF complaint WIZ
showing the character of the amendments proposeo 70 &c
% lhls motion denied and decree signed ana en'e
missing the bill as to the defendant Cation with costs.
me complainant comes TO this appeal from uii7
eaee.
| Jurisdiction of of equity, if any, IN tins case mus
S'hed of three grounds u mat t"e'e
mutual accounts between the parties % nat the
al on one side but were long and complexities ~ na'
ent or fduciary relation existed between the partie
y t<l Jur See. 1421)