The Hawaiian gazette., 1902-04-15
WOULD QUIT
THE FIRM
Hind Complains Of
Eben Low in
Court.

Some rather sensational charge ARE
made In petition Tor dissolution 0f
partnership nlcd In the Circuit Court
by Robert Hind against Eben =. Low
The complaint sets out that the par
ties TO the suit above mentioned form
"a a partnership under the firm
name OF Hind a Low" on October 1,
1898. at Kohala. for the purpose of stock
raising. coffee planting and other agri-
cultural pursuits. AT the time of the
formation of the partnership. plaintiff
was in the employ of the Hawi planta-
ton as stock luna. and defendant
Low was residing at Kohala and held
the Office OF tax collector for that dis
| trict, II being agreed that both parties
should continue their said pursuits.
| In this connection 1t is alleged that
| defendant, within the past two months,
! has taken charge of the construction
| of public road In Kona, and is appro-
priating the compensation for such ser
! vices to his own use. In pursuance of
| the agreement stock ranch was es-
! tablished at Puuwaawaa, and also
butcher shop at kohala, which, up to
the end of the last year, was conduct !
ed as a partnership affair. 1t was
agreed also that the defendant should
keep the books of the firm, but that both
| partners snoulu nave tqual voice III ltS
management.
The petition alleges that the com
plainant for the first two or three
years was allowed to have an equal
voice in the affairs of the concern, but
OF late years defendant has discourage
ed such attempts to allow an equal
share in the management, and that de-
PENDANT has desired to have the whole
say. land that the desire to have the
entire say as to said partnership has
become more and more pronounced and
has grown upon said defendant until
within the two years last past COM
piainant says that he has had no more
to say practically in the partnership af-
fairs and in the conduct of the part
| nership business than If he were an
entire stranger to said business and
without authority in the premises"
, Complainant further says that de-
. PENDANT has acted in an offensive man
: ner and has 50 aften overrldden his
wishes that he has had no choice but
to withdraw, and has been compelled
to feel that his views and presence
| were unwelcome to said defendant.
And in this connection complainant
specifically charges that upon a num-
Der of occasions, while complainant and
| defendant had been jointly engaged
: with their employees in ranch work and
/ in handling cattle, the defendant has
q openly, scandalously and unjustly
abused complainant in the presence of
= their said employees and to the humil-
II alton of complainant and with utter
disregard of the rights Of complainant
g in the premises, calling complainant "a
; - fool on two occasions, in the pres
g ence Of employees and in their presence
lit.
Il ing. etc. with oaths and disparagine
and contemptuous remarks, and over
= riding. before the employees. complain
ants directions and wishes, and In
such way as to compel complainant
to have an open and scandalous row
II with defendant. or to submit in silence
which latter course complainant has
IA taken for peace sake"
l., The complainant further recites in
stances where his wishes We're overrid-
den by defendant. it being alleged that
Low does as he pleases.
Among these it is stated that COM
plainant believes the ranch is at pres
ent carrying more stock than is nee
y essary. but defendant thinks other
wise: and that defendant put in a tel
ephone line from the ranch to the sta
ton, in defiance of complainant's wish
d es. That between them it had been
"a
j. $3.50, but that instead defendant inn
ported a thoroughbred running horse
sc from Australia, for which he paid $1,000
d and upon being taxed with this action
81 defendant said he had forgotten tC
r. make an explanation as TO the change
20 in plans.
There have been also differences as
b. to treatment of stock, 1t being alleged
- that defendant treats the stock in q
I'd harsh, reckless and at times cruel man.
~ ner. often beating stock and squirting
a animals harshly and cruelty and in OPP
% en- disregard of somplainant's wishe.
and protests.
~ Complainant further alleges that BY
c. reason Of defendants control of tn,
a. sale of stock. he was five years age
given a share in the Metropolitan Mea
A. Company of Honolulu, and that he ap
n propriated it to his own use, receiving
- the income therefrom when IL was hi
~ duty to turn 1t in TO the copartnership
1t Is further complained that defend
IL ant has failed to render yearly &C
Ii counts as he was required to do, ant
that defendant Is using said ranch fo
his private gain and benefit, in tina
II he is maintaining his family upon sail
4, ranch. at the expense OF the copart
nership.
a, 1t is further alleged that negotiation
a, have been pending for six months To-
=" the sale OF one partners share to tn
90 other, but with no success, and nov
H. complainant wishes TO take advant ag
% OF the agreement, which provides 10
" a division Of the property. but defend
ant contends that the flrm must con
tnue for 25 years, and declines to dis
IS continue the partnership.
ns Wherefore complainant asks that al
gu accounting may be had. and that de
PENDANT be decreed to pay complainant
what shall appear to be due by sal
accounting, and that the partnership
property be divided.
al
nne GOOD FOR RHEUMATISM.