The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-17
BANK SUIT
IS FILED
Present Officers
Must Show
Cause.
GEAR WILL HEAR
| CASE ON FRIDAY
Claimed That Officers of Saving.
and Trust Co., Are illegally
in Possession.


Savings and Trust Co. were brought
into the courts yesterday by the filing
of an application for quo warranto to
Cecil Brown, President, and the
remaining of the old officers of the cor
poration to show the authority under
which they are acting as officers and
directors
Judge Gear made the order compelling
the defendants to appear before him
on Friday morning to answer the bin
of the petitioners. The title of the suit
filed yesterday is: W. T. Summers,
President; George W. Macfarlane, Vice
President; H. w. w. Gilbert, Cashier;
Thomas 1. Dillon, Secretary, and E. C.
Peters, Auditor, as said officers and
W. T. Summers, George w. Macfarlane,
F. wundenberg, NJ. w w Gilbert and
T. W. Dibblee. Directors, as said direc-
tors of the First American Savings and
Trust Co. of Hawaii, Petitioners, VS..
Cecil Brown, Mark P. Robinson, G. ].
Waller, L. L. McCandless, w. G. Coop
er and M. E. Snyder, respondents.
The petitioners first set out the incor-
poration, its capital stock being S250,ooO
and then allege that up to July Srd,
1902. the respondents were the officers
and directors of the American Savings
and Trust Co, and that on the said
date a meeting for the election of new
officers was held, but that no quorum
was present and that it then became
the duty of the president to adjourn the
meeting from day TO day until a quorum
was present. It is then alleged that
Cecil Brown acting as president did
Illegally declare the annual meeting ad-
journed sine die, and That the old Of
ficers have been managing the corpora
ton since that time.
The minutes of the various bank
meetings are then set out in full, show
ing the election of the petitioners as
officers at meeting held November
10th; it being alleged that Cecil Brown,
the president, was then out of the Ter
ritory, and the vice-president, M. P.
Robinson, having refused to call a
meeting as requested by twenty per
cent of the stockholders as provided in
the Articles of Association. It is then
stated that the respondents refused to
surrender their offices TO these newly
elected officers and that on November
18th another request was made TO call
a special meeting of the stockholders
for the election of officers on December
| 9th at which time the meeting was held
The proceedings of that meeting are
set out in full; the protest of a stock
holder against the election which was
loyerruled by Cecil Brown, and the re-
fusal of the president to accent the
nroxv of the c. P Huntington Estate
which il is alleged was done ito pre-
vent a majority of all the shares Of
stock in the said corporation from being
cast in favor of the five nominees las
aforesaid, and, thereby, the conf1rna-
ton and ratification, by more thar
twelve hundred and fifty shares OF SAFE
stock. of the election of your petitioner
aforesaid. as officers and directors o
said corporation, that said action wa
Illegally and maliciously taken for tn
purpose of preventing the semblance' O
an election of directors and officers a
the meeting"
IT is alleged further that Cecil Brow
then declared that there had been nj
election and that the old directors ant
officers would hold over for anothe
year.
The petitioners further complain:
II That by reason of the premises
under the law and the Articles Oh As
ISOLATION aforesaid. the respondent
/ ceased TO be directors and officers, am
| vol,r petitioners were duly and regular
Iv elected officers and directors, OF san
] rornoration. and the said respondent
have no legal authority or right to re
tain the possession, control ana man
aee,nent of the business and propert
of said corporation nor to lnterIer
with. obstruct, hinder, or eXcluae you
petitioners from their official rlsht
aforesaid and from the performance
| tbai,. duties and obligations as ofhcer
and directors of said corporation, an
from the possession, management an