The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-04-12
THE MONTHLY SUED
AUSTIN PUBLISHING ga. SAID no
1919 BANKRUPT
Robert Hind and Eben Z. Low Disagree
over Co-Partnership Affairs at I<o-
hala-Hind's Petition.

a petition was filed yesterday i'm the
United States District Court to force
the Austin Publishing company into
bankruptcy The petitioners are the
Pacific Hardware company the Homo
lulu and Hawaiian Paper company and
M. p. Robinson. They allege as fol-
lows;
"That the nature and amount of your
petitioners claims, being unsecured,
are as follows:
IN. p. Robinson, $1SO345, for money
loaned; Honolulu & Hawaiian Paper
Company, $21A35, goods sold and deliv-
cred; Pacific Hardware Company,
$6427, goods sold and delivered.
Your petitioners further represent
that the said Austin Publishing Com
pany is insolvent, and that within four
months next preceding the date of this
petition committed acts of bankruptcy
in that it did: First, on or about the
10th day of January, 1902, transfer a
portion of it's property to wit, a num-
Der of cuts used i'm its business, to one
of its creditors, to wit, Mrs. e. A.
White, with intent to prefer such cred
itor over other creditors. Second, that
on the 2nd day of April, admitted in
writing its inability to pay its debts
and its willingness to be adjudged
bankrupt on that ground"
Judge Estee made an order for the
officers of the Austin Publishing Com
pany to appear in court on April p 20
show cause, why the prayer of the
petition should not be granted.
Robert Hind yesterday filed in the
Circuit Court a petition for the DISCO
luton Of the partnership of Hind &
Low, making many allegations charg-
ing Low with ignoring him and having
his own way in the management of the
affairs of the concern, and with having
taken profits for his own use which
should have gone to the credit of the
firm.
The complaint says that the co-part-
nership was formed on October 1, 1898,
at Kohala, for the purpose of engaging
in the stock and agricultural business.
For the first two or three years, the
plaintiff says, he was allowed to have
an equal voice in the affairs of the con-
Germ, but of late Low has been running
things in his own way, ignoring Kinds
suggestions and wishes altogether.
Low has Inundated him, says Hind, by
insulting remarks to him in the pres
ence of their employees Low was given
a share of stock in the Metropolitan
Meat company which should have gone
to the o-partnership, says Hind, but
alleged that Low has failed to render
yearly accounts as he should have done.
For six months the partners have been
trying to sell out to one another, but
they have been unable to agree, and
now the court is asked to do it for
/ them.
| The Supreme Court yesterday after
noon handed down a unanimous deci-
sion sustaining Judge Edings of the
| Fourth Circuit Court in the case of S,
| Tomikawa VS.. u. Cana. The suit was
for specific performance Of contract
for the sale of certain land at Olaa
Hawaii, in which the court found fol
plaintiff, and ordered the conveyance
of the land in question, on payment Of
SS33.35, the amount found to be due
The opinion is written by Justice
Perry, and the syllabus is as follows
I'm a suit for the specific perform
ance of a contract for the sale of land
held, that, assuming that time was orr
ginally intended to be of the essence
of the contract, the provisions in this
respect were waived by the seller by
the acceptance of installments on &C.
count of purchase price after the time
specified for their payment had pass
ed"