The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-01-30

mI o000 Share. u0 Stood. .. 100000
boz Cash.
THE NamaIo hearing m tna circuit
court came IH .u end Yesterday H|I.I-
noon. when JuIg. Humphreys gave
decision practically .lu same aa bee
fore. for $4,000 Iu cash aud G.UuN shares
of kamaIO stock. Or 100000. against
the defendants Frank Uuslape. Frank
Foster and j. j. Elau and boo favor of
II. r.. Hitchcock J.. d. Dee and many
other stockholders of the company
Interest is added since the date of the
judge s. former decree. April 20 1901
and $50 are allowed the three defend
ants as promoters. fee
Most of yesterday afternoon was oc-
cupied with hearing testimony about
the alteration in the articles of mcUr-
poraton. j.. T.. Morgan Hustaco. Erau
and Foster and a. g.. LOyeltin. who
We're the original directors. testified iu
turn that they had no knowledge of
the alteration. None of them knew
when the articles had been signed but
LoNekin thought it was ON the day of
the acknowledgment The defense
asked for "a pOstpOuement SO that the
testimony of Judge Edmgs. who took
the acknowledgement might Doe taken.
The continuance was refused the court
holding that Edings could give no ma
terial testimony The judge remarked
that he was without any theory at all
60 account for the alteration.
Magoon argued briefly for the plain
tiffs, scoring the defense and charging
fraud. The other side announced it,
self ready to submit the matter with
out argument and Humphreys gave
his decision at once He stated that
he would sign a decree similar to the
one signed last time, deducung $3.50
from the $4,000 and adding interest at
6 per cent.
The former decree I'm Kamalo. which
was set aside by the Supreme Court
on the ground of Humphreys refusal
To hear the evidence that has been sub
mitted at the present hearing, was i'm
substance as follows:
This Court doth declare and ad-
judge that the said defendants. Frank
Hustace, John j. Egan, Frank II. Fos-
ter, did unlawfully combine, conspire
and confederate and agree together
TO cheat and defraud the stockholders
Of the kamalO Sugar Company. Limit
ed, and the Kamalo Sugar Company
Limited an Hawaiian corporation, out
OF the sum Of Thirty-dve Thousand
Dollars tS3j, OOOOO)) i'm cash and Six
Thousand 10000 shares of the paid
up stock Of the said plaintiffs bin on
file i'm this suit, and this Court doth
further adjudge and find that i'm Uur-
suance thereof they the said Frank
Hustace, John j. Egan and Frank H.
Foster, did unlaWfullv cheat and de-
fraud the said stockholders of the said
kamalO Sugar Company. Limited and
the said kamalO Sugar Company. Linn
ilted, out of the sum Of Thirty-fiye
4 Thousand Dollars $685. 100000 and Six
Thousand (6.OOOD shares of the paid-up
stock Of the said KamalO Sugar Com
7
doth find and adjudge were each of
the market value of Twenty Dollars.
and Of the aggregate value Of One
| Hundred and Twenty Thousand Dol
/ lars 20OOO.O0) at the date of the con-
version thereof by said defendants and
| did appropriate and convert the said
sum or money ana the SAID pald-up
stock to their own use as alleged and
charged I'm the plaintiffs bill as amend
ed on file I'm this suit: and this Court
doth further declare and so decree
that the appropriation and conversion
Of the said sum of Thirty-hve Thou
sand Dollars ($3j. OOOOO and the said
Six Thousand (6,0OO) shares of paid-up
stock by the said defendants, Frank
Hustace, John j. Egan and Frank II
Foster, was fraudulent and void, and
that Notwithstanding such apprOpria-
ton and conversion that the said sum
Of Thirty-hve Thousand Dollars $685.
vVO.vVJ ana lle SdlN six Thousand TO-
OOO) shares of paid-up stock was and
is in equity the property of the said
KamalO Sugar Company, Limited. and
this Court doth order and decree that
the said defendants Frank Hustace
John j. Egan and Frank II. Foster
within ten GO days after date Of this
decree, pay into this Court, to the clerk
thereof, the said sum Of Thirty-ive
Thousand Dollars G35, OOOOOO), together
with the interest thereon at the rate
OF per cent per annum from the date
Of this decree, to be paid to the Ka-
malo Sugar Company LIMITED, or soil
citOrs Of record; and that they, the
said Frank Hustace, John j. Egan and
Frank II. Foster, transfer to the said
Kamalo Sugar Company Limited,
within the ten days aforesaid, and de-
liver to the said clerk of this Court
Six Thousand (GOOO) shares of the
paid-up stock of said corporation or
Twenty Dollars in cash for every share
Of stock not so delivered, to be deliver
ed to or paid over to the KamalO Su-
gar Company Limited or its solicitors
of record.
And this Court doth further order,
adjudge and decree that the said de-
PENDANTS, Frank Hustace John j.
Egan and Frank II. Foster, do pay the