The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-04-12
WOULD QUIT
THE FIRM
Hind Complains of
Eben Low in
Court.
RANCH BUSINESS
DOES NOT SUIT
Robert Hind Seeks to Have Part
nership Formed in 1898
Dissolved Now.

Some rather sensational charges are
made in a petition for dissolution OF
partnership filed in the Circuit Court,
by Robert Hind against Eben p. Low
The complaint sets out that the par
ties 20 the suit above mentioned form
ed a partnership under the firm
name OF Hind & Low" on October l,
1888. at Kohala, for the purpose OF STOCK
raising, coffee planting and other agri-
cultural pursuits. At the time of the
formation of the partnership. plaintift
was IN the employ of the Hawi planta-
ton as a stock luna, and defendant
Low was residing at Kohala and held
the Office of tax collector for that dis
trict. it being agreed that both parties
should continue their said pursuits.
In this connection it is alleged that
defendant, within the past two months,
has taken charge of the construction
OF a public road in Kona. and is appro-
priating the compensation for such SER
vices 10 his own use. In pursuance or
the agreement, a 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 should have equal voice in its
management.
The petition alleges that the COM
plainant for the first two or three
years was allowed to have an equal
- ffair % mi
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 so aften overridden 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 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
openly. scandalously and unjustly
abused complainant in the presence of
their said employees and To the humili-
disregard OF the rights OF complainant
in the premises. calling complainant "a
- fool on two occasions, in the pres
ence of employees, and in their presence
criticising complainant's work in driv
ing. etc. with oaths and dlsparaging
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
with defendant. or to submit in silence.
which latter course complainant has
taken for peace sake
The complainant further recites in
stances where his wishes were overrid
den by defendant. ii being alleged that
Low does "a he pleases.
Among these IL is stated that COM |
plainant believes the ranch is at pres |
ent carrying more stock than is nee !
essary. butt defendant thinks other
wise; and that defendant put in a tel |
ephone line from the ranch to the sta |
ton, in defiance of compliments wish |
rs. That between them il had been |
agreed to import a hackney stud, for |
$3.50. but that instead defendant i'm |
ported Il thoroughbred running horse |
from Australia, for which he paid Sl3OO, !
and upon being taxed with this action, |
defendant said he had forgotten to /
make an explanation as to the chanSe
IN plans.
There nave been also differences as
10 treatment of stock. il being alleged /
hat defendant treats the stock in 1
harsh. reckless and at times cruel man
1er. often beating stock and squirting /
animals harshly and cruelty and in OPP I
IN disregard OF complainant wishes
and protests.
Complainant further alleges that by (
reason Of defendants control of the .
sale of stock. he was five years ago /
given a share in the Metropolitan Meat /
Company of Honolulu, and that he APP
oropriated IL to his own use. receiving .
The income therefrOm, when IL was MS
duty To turn IL in to the copartnership- I
II i further complained that defend
ant has failed to render yearly ac-
counts as he was required to do. and
hat defendant is using said ranch for
MS private gain and benefit. in that
ne is maintaining his family upon said .
ranch. at the expense OF the coDart-
1ership.
II is further alleged that negotiations
nave been pending for six months for |
the sale Of one partners share to the
,ther. but with no success. and n1w
complainant wishes to take advantage
II the agreement. which provides for
1 division OF the property. but defend
ant contends that the firm must con-
.inue for % years. and declines TO dis
continue the partnership.
Wherefore complainant asks that an
accounting may be had. and that de-
'endant ne decreed to pay complainant
What shall appear to be due by said
accounting and that rhe partnership .