The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-19

Egan and Frank did unlawfuly combine conspe
confederate and agree together cheat and detud the stock
holders said Kamao Sugar Company Limited and the said
Kamalo Sugar Company Limited of the sum of thyye
thousand ($35 100000 dollars and accordingly the 3s day
of Nav A. D. 1899 and after receipt of further
said defendants granted baraned sold and
veyed lands and premises purchased by them
aforesaid to the Sugar Company Limited for the
sum of sixty thousand ($6OOO0Oo) dollars and did make and
execute deed the consideration Of sixty thousand $780,
100000 dollars Kamalo Sugar Company Limited which
said deed acknowledged the 3rd day of June A d. 1899
and recorded in the said Registry Office about the 10th
dav of June A. D. which said deed the plaintiffs
leave to refer and introduce in evidence hereafter
(6( That the said after having entered into
said conspiracy to cheat defraud the Kamao Sugar Com
many Limited and the stockholders falsely faudueny
and copv representing the said stockholders of the said
Kanao Sugar Company Limited that they had paid the said
H. lcC orrson D. McCoson the of sixty thousand
dollars the said lands and premises land III
accordance they caused be inserted IN the said
deed from Mcoriston and ID. McCOaristOn to them the
said defendants consideration for the purchase price of said
lands the sum sixty thousand ($6OOOO00) dollars he
words in brackets were of compliments stricken out
after the close for failure of proof whereas
and in fact they had only paid the of Twenty-Five
thousand ($250O0OO dollars for the said lands and premises
and by false fraudulent and corrupt statements
they from the said Kanao Sugar Company Limited
price said lands and premises and the said defendants
Frank Hustace Egan and Frank H. Foster entered into
an agreement arranged that the said lands and premises
so purchased H McCorriston and d. AcCOTon should
charged the Kamalo Sugar Company Limited at sixty
thousand $3.50 00O dollars and charged and entered
upon the said corporation and that the surplus OF
hrtyve thousand 1895 100000 dollars should be divided be
tween them Iustace john j. Egan and Frank
H Foster said money divided among the said
J.
That and premises purchased from the said
H. McCorton and d. McCorrson not worth more than
the sum twenty-five thousand $25O0000) dollars and the
sum of twenty-five thousand ($25OOOOO) dollars and
more value that the said plaintiffs and other
stockholders believing the and representations of the
Frank Husace, John j. Egan and Frank H. Eos
ter value of said lands and premises and that they
had paid the sum sixty $60000) dollars therefor
relied thereon subscribed for the shares of stock held
and owned by the said Kanao Sugar Company Linn
tied.
go That the said Frank Hustace, John J.
Egan H Foster paid the said r. McCOrriston and
D. McCoron the of twenty-five thousand ($25,OOOOOl
the money paid into the treasury OF said
company plaintiffs and other of the stockholders thereof
did also falsely wlfuy and corupty issue
said H. McCorriston and ID. McCorTiston
paid up of the par value of twenty thousand 2OOoOo
property the said Kamao Sugar Company Limited
twenty thousand ($2OO00OO dollars in cash and
twenty thousand $2OOOO00 dollars in padp stock the
paid the said lands and premises purchased
from the said H and D. McCoTison aforesaid
(S) That tire said twenty Thousand $20O0000 dollars OF
paidup stock delivered said H. McCOrrston
and D. aforesaid the property of said
defendants ustace John J. Egan and Frank H. Foster
and they had lawful right authority to issue and deliver
the said padup stock the said H. McCoI1iston and D. Nc
Coon aforesaid and they the said defendants wifuy ana
or1ty and with intent and defraud the said Kanao
Sugar Company and the stockholders thereof issued
and delivered said stock secretly we'll knowing that they
had no lawful right or authority to do"
The remaining allegations in substance that respond