The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-11
.|NJUNCT
is ISSUED
Sale of FaIk's Stock
Exchange Seat
Stopped.
HAGEY CURE CASE
GOES TO JURY
cCIanahan Discovers New Breed
of Sheep to the Amusement
of the Jury.

The elimination of the strife over the
assets of Charles ]. FaIk, the stock
broker, who went into bankruptcy a short
time ago, came last evening when Judge
Gear issued an injunction restraining the
Honolulu Stock and Bond Exchange
from disposing of or interfering with
Falk's membership in that body.
The injunction was issued at the in
stance of L. c. Ables, who claims to own
the seat by virtue of a transfer made
a year ago to him. as security for stock
loaned to Falk. The papers were served
last night upon Jos. r. Carter, trustee
for Falk, C. j. Falk and ]. F. Morgan as
president of the Stock Exchange. The
injunction granted by Judge Gear last
evening commands the defendants named
j above ito absolutely desist and refrain
from selling, assigning, transferring or
i'll any way interfering with the seat of
Charles j. Falk as a member of the Hon
olulu Stock Exchange under a
penalty of $4,000, and upon pain of being
adjudged guilty of contempt"
! The injunction was issued last night
in a hurry, as the bids for the seat clos
ed yesterday, and Ables was required to
furnish $4,000 bond in case of damages
resulting from the issuance of the order.
| The petitions filed in the case are of
great length, reciting in detail the trans
actions leading up to, and grounds upon
which the injunction was asked. In brief,
the petition recites that the plaintiff, L.
c. Ables, loaned to c. ]. Falk, Nov. 9,
1899, fifty shares of stock of the Wailua
Agricultural Company, valued at $4S75.
which Falk agreed to return. On Sep
! TENDER TO- 1900, plaintiff alleges that he
made a demand for the stock, which Falk
was unable to return, whereupon he en-
tered into an agreement with the said
FaIk, whereby the latter agreed to trans
fer to him his right to. a seat in the Stock
Exchange, as security for said stock,
with power to sell it unless the stock was
returned within six months from the
date of the agreement. March s, 1901,
twenty-five shares of stock were return
ed. and on May 6, five shares additional
were given back to Ables. At the time
the stock was loaned to Falk. eighty per
cent. had been paid up, and AbleS alleges
that he loaned twenty dollars per share
! additional to Falk to pay the stock in
full
J In conclusion the plaintiff alleges that
/ Falk still owes him twenty shares OF
stock, and that under the agreement Ga
tIon), he is entitled to the stock exchange
seat as security for his debt; that he has
made d demand for same and been re-
! fused, and now asks the court to decide
his rights in the matter
|. The Stock Exchange held no meeting
/ yesterday because of the absence of
quorum. and consequently took no action
| in the Falk matter.
THE HAGEY CURE CASE.
| The Hagey Cure case is in the hands of
a jury for a second time. The evidence
was concluded yesterday afternoon. when
an adjournment was taken al the request
of several jurors. There was some argu-
ment as to the best time to adjourn to,
and upon the objection of jurors to an
adjournment for more than day, it was
arranged to hold an evening session. The
night session began at O'Clock, and the
| jury was excused until the attorneys had
argued as to their instructions.
| Arguments to the jury were then pre-
scented by Attorneys Robertson and Nc
Clanahan. following which the case was
submitted to the jury. The jury Is al
lowed to go to bed, in charge of a bailiff,
and will begin a consultation of the case
| the first thing this morning.
NFCLANAHAN'S NEW BREED OF
| SHEEP.
| Attorney AlCCldIldDdn discovered IL new
breed of sheep quite suddenly yesterday,
and incidentally furnished the only fun
/ in the Hagey Cure case.
j Harrison was on the stand under cross
examination, when Mechanism made the
startling discovery.
| What about these sand sheep?" he
asked the witness.
What do you mean?" replied Harri-
son.
.GSond cbaar orar,t ,,o,, q, ,,,,,, ;,,+l ,,,;.I,
the kind of sheep mentioned in your con-
tract?"
II don't remember any sand sheep"
| Now, don't you know that sand sheep
| are the cheapest kind of sheep there
are?'
| NO, 1 don't" said the witness, still
puzzled Il don't know what you mean"
| Here it is, then, in your own con-
tract" persisted McClanahan, handing
/ the paper to Harrison. The witness stud
! led the papers carefully, read them. and
re-read them. then a sudden light seemed
to dawn upon them
"Oh, yes" he replied; sand sheep.
; That's part of the word thousand; thou
sand sheep"
| Mechanism collapsed and sank into
the nearest chair, the jurymen roared
and clapped their hands, and the Court
grinned, and the baiIih raped loudly for
order.
TO QUIET TITLE.
Julia Kalenani (w) Nell Haul (wl, and
Waha Hall 0s) have brought suit aga 'nst
&c. Bolte, trustee, to quiet the title to
land at Kailua, Koolaupoko claiming
that defendants are without any right to
the property and that plaintiffs own the
land in fee simple. They ask that de-
PENDANT be debarred from asserting any
claim to the lands
COURT NOTES.
! In spite Of the plum thrown to him in
| the shape of a $3.50 fee in the KaIua Ka-
Epukini case, j. A. Magoon the guardian
filed an appeal to the Supreme Court
yesterday. He appeals in his own behalf
and also in behalf of his EDWARD
| An order was made yesterday requiring
| Cecil Brown, administrator of the estate
OF w H. Cummings, to convey certain
property to Anna Levy
| receipt was filed yesterday by the