The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-02-18

SURPRISE
IN COURT
Wundenberg for
Kona Sugar Go.
Receiver.

Fred " Wundcnborp was yesterday
appointed receiver FOR the koua Su-
rar Company b. Judge Humphreys
The court refused Co appoint * NJ
Damon. the man agreed upon by an
parties u the suit ON the ground that
be was disqualified as being "a creditor,
and further, because his business
engagements were such that the court
did not believe ne could give the mat
ter the attention which the court
thought Il deserved
The suit was called up yesterday af-
ternoon. after the jury had been eNcus-
cd. Ar. Hankey appeared in behalf
of the complainants. McChesncy a
sons. and Mr.. Silliman represented the
defendants, the Kona Sugar Company
and the First American Savings and
Trust Company.
MIR Hankey read the complaint fol-
lowing which the answer of the Kona
Sugar Company was read by Judge
Silliman.
The defendants admit nearly ev-
erything i'm the complaint excepting the
amount OF Indebtedness $3.50, S26 .05,
which It leaves the plaintiff to prove.
Defendant denies that some of the les
sors of the land held by it under lease
have threatened to take proceedings to
forfeit the leases granted by them
Defendants admit the necessity of a
receiver, but deny that the contract of
October l, 1898, mentioned in plaintiffs
bill of complaint constituted an equit-
able lien in favor of plaintiffs upon all
or any of the crops Of this defendant
during the term of the said contract
Mr.. Hankey then presented his petit
ton for the appointment of the re-
ceiver. the defendants agreeing to it,
as signified in their answer. Judge
Humphreys thereupon asked If the at
torneys had any one to suggest for the
receivership, and Mr. Hankey stated
that all the parties to the suit had
agreed upon S. NJ. Damon for receiver
in which statement Mr. Silliman con-
CURED.
II cannot establish the precedent"
said Judge Humphreys, "of appointing
a creditor as receiver Under the rules
of law Mr.. Damon is disqualified from
acting. / have looked up the ques-
ton, ana do not think l can appoint
him"
Il agree with the court" replied Nj
Hankey, that ii is not usual to APP
point a creditor as receiver but ac-
cording to this proceeding Mr.. Damon
is not a creditor. The parties to this
suit are DESTROYS of having "A receiver
appointed who can go outside the usual
duties of that position. and incur fur
Their debts to carry on the plantation"
81 have no doubt of the ability of
Mr. Damon to secure the funds need
ed" said the court, but ! cannot see
my way clear to appoint him. though
his appointment is desirable on that
account. ! know, personally, that Mr..
Damons business engagements are
such that he cannot give this matter
the personal attention that 1t requires.
, and the duty would necessarily be dele
gated to his clerks. 1t Is a well set
tied principle of Jurisprudence that a
creditor cannot be appointed, and ! do
not believe that Mr.. Damon could give
ii the attention which the court should
exact"
Judge Humphreys then said he would
appoint Fred w Wundenberg as re-
ceiVer and fixed the bond at $75 900
An order was made in accordance with
that decision, the court adding the
bond provision himself.
Judge Silliman suggested TO the
court that some explanation of the
courts ruling was due Mr.. Damon.
Judge Humphreys then repeated his
former ruling to the court stenogra-
pher. but added that he didn't wish it
understood by reason Of this that the
court was making an apology or eX-
PLANTATION of its action.