The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-02-15

! 100000 to the First American Savings
and Trust Company, and gave to the
said party of the second part, a con-
Veyance of its franchise and all other
assets of every description to secure
the payment OF the bonds which deed
OF trust is still in full force and effect
but no action has been taken thereun-
der by the trustee therein named to-
wards taking possession of the said as
sets, or for exercising any of the pow
ers conferred upon it by the deed of
trust. II is further stated that the
| kona Sugar Company is possessed of
| certain pieces of land in North Kona
and owns also all the sugar cane
growing on said land, 1200 acres of
which has matured and is ready for
harvesting, and that defendant COM
/ pany owns also a sugar mill and other
appliances of a plantation, but is with
out funds or means of carrying on it's
said business, or of harvesting it's
present crop of sugar cane. or of man
ufacturing therefrom sugar or other
products of sugar cane, or of complet-
ing its said railway, which is necessary
for the harvesting of sugar cane, and
! in consequence thereof, has ceased to
operate it's said business: that it's la
borers, mechanics and other servants
have not been paid their wages and
salaries for some time past, and that
said defendant company had neglected
and is neglecting to harvest said crop
of sugar cane, or manufacturing sugar
therefrom.
That the said crop of sugar cane is
deteriorating, and that the whole crop
of sugar cane. which is of the value
of 5000, 900, and the other property of
the said defendant company are in i'm
mediate danger of being lost, injured
or wasted from the neglect and incom-
potency of the said defendant company
to harvest said crop of sugar cane.
That the lessons of certain lands held
by defendant threaten to institute pro-
ceedings for forfeiture of the leases be-
cause of failure to pay the rents. and
that there is also great danger that the
property of said defendant may be sold
to pay the taxes upon it, and further
more, that the plaintiffs have no other
remedy at law to enforce their lien.
and that it would be for the interests
OF all parties to have a receiver APP
pointed.
The plaintiffs therefore ask:
That the Kona Sugar Company be
decreed to pay plaintiffs what may be
found to be due them, together with
reasonable attorneys fee. That the
claim of plaintiffs shall be decreed a
lien upon the said crop of sugar, and
the proceeds therefrom. That defend
ant be ordered to pay and discharge
the claims of Castle & Cooke, c. Brew
er & Co, and E. c. Greenwich.
That the court order the sale of all
the assets of the company, or sufficient
to satisfy the claims against defendant
That a. fit and proper person be APP
pointed receiver, with power to make
such transfers and conveyances as nee
essary.
And plaintiffs further pray that a
writ of injunction issue out of and I'M
der the seal of this honorable court di- i
recting, commanding, enjoiniDg and
restraining said defendants from inter
fering with, transferring. selling or /
of any of the said property. /
Service was made upon the Kona Su-
gar Company, through its vice presi-
dent, w. w. Hall. and upon the bank
through its vice president, NJ p. Rob- !
nson.