The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-14


answer to the suit of Kate L. Vida,
making a general and specific denial
of the sensational charges upon which
she obtained an injunction Tuesday
evening.
In part he says in his answer:
III-That he denies that on the 18th
day of August, 1901, or at any other
time. at Honolulu aforesaid, he repre-
scented to the plaintiff that he was a
person of large means and resources and
in a few days would have from the col
lection of moneys due him a sum in ex-
cess of five thousand dollars with which
TO pay the first of the notes referred to
in said bill of complaint, and that, If
for any unforeseen cause. he should be
unable to pay said five thousand dollar
note at or before it's maturity, he would
reconvey and retransfer said property TO
plaintiff and he denies that he ever de-
signed to cheat, wrong or .defraud plain
tiff
IV.-That he admits that he and plain
tiff entered into an agreement in writing
and that a copy of said agreement is an
/ nexed TO said bill Of complaint, marked
! Exhibit a. but denies that plaintiff en-
tered into same upon the faith and cred
| it of said representations or any repre-
| sensations referred to in paragraph of
said bill of complaint. And he alleges
| that said written agreement was entered
| into and executed by plaintiff and HIM
| self in pursuance of an oral understand
| ing between plaintiff and himself, and
| that said written agreement contains All
| of the terms of said oral understanding
and agreement and that there We're no
| other terms, provisions, or representa-
| tions than those contained in said writ
| ten agreement at any time ever agreed
| on between plaintiff and himself
nd init
| liyered to him all her right title and in
| terest, 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 Cali
| fornia situate on Nuuanu street in said
| Honolulu and that at the time OF said
transfer said one-half of said property
was of the value of $500, and alleges
that the same is now of greater value
than $500. And he alleges that plaintiff
sold and delivered one-half Of said
property to him absolutely, pursuant to
said written agreement and that he paid
plaintiff for same with and by two
promissory notes, copies OF Whlch are
attached to said bill of complaint as Elk
. hibits "B" and &c" and that plaintiff
received and accepted said notes In full
payment for said property.
| VL-That he admits that he executed
and delivered to plaintiff two certain
l
tached to said bill of complaint, as Elk
hibits "B" and &C" and he alleges that
| said notes pursuant to said written
agreement were delivered to and accept
ed by plaintiff as and for full payment
for the sale of said property as afore-
said.
Vu-That he denies that he has not
any money, resources, credit, property or
moneys whatever with which, and is ut
terly unable to pay either of said notes:
That he admits he has not paid either OF
said notes. and he alleges that he has
sficient means. property and credit to
pay said noses
VIII.-That he denies that at the time
of giving said notes he represented TO
plaintiff that he would have money IN
four or five days with which to take up
and pay the five thousand dollar note
and would pay the same within hVe
davs and would therefore instead OF
making said note payable two months
after said 18th day of August, 1901, abso-
lutely make the same payable on or De
fore said two months, and If unable Tor
any cause to pay said note at or before
its maturity would reconvey said prop
erty to plaintiff, and he denies that
plaintiff, by being deceived by any false
and fraudulent representations, consent
ed to and delivered said property to him
and accepted said notes.
IX.-That he denies that he now retus-
| es TO pay said five thousand dollar note,
and he admits that he refuses to give
plafntiff any mortgage lien or pledge on
| the property transferred to him and that
he refuses to reconvey said property 10
plaintiff
X-That he denies that he is wrolly in
solvent and Irresponsible and unable to
respond in damages in any sum what
ever and alleges that is solvent and re-
sponsible That he denies that plaintiff
is without remedy at law, and alleges
! that she has a plain, adequate ano 'om-
plete remedy at law, and that by reason
thereof this court has no jurisdiction
herein.
XI-That he denies that since the 10Th
day of August, 1901, he, in disregard and
| in fraud of the rights of plaintl1 mas
received in cash from sales of portions
of the property transferred to him the
sum of about $500, and he alleges that al
he has received since August 10, 1871
has been the sum of $3.50 month whlIt
the same has been operated and man
aged in conjunction with the other un
divided half thereof belonging to IL Z
Vida. and that he received said sum by
agreement with said H c. Vida.
XII-That he denies that unless pre-
vented by injunction, there is any oan
ger that he may dispose of said property
| to an innocent purchaser and decarni
with the proceeds appropriate tn
same to his own use, and he alleges tina
said allegation is wholly false and un
true. as plaintin vel knows
Wherefore he pCays that said bill o
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