The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-07-25


Company, of Honolulu, Territory c
Hawaii, on condition that the sal
John X. Sumner would pay TO him
for said service in obtaining tn
money, the sum of Three Thousan,
$4,000 Dollars, which representation
of said Geo. a. Davis were who'll,
false and untrue and said Davis knew
them to be so, and made them for tn,
purpose of deceiving said John K
Sumner and obtaining from him
promissory note for the amount OF
Three Thousand $4,000 Dollars.
6.-That on or about the 1st day OF
December, 1902, the said Geo. A. Davis
persuaded and induced the said John
X. Sumner. by the means of the false
representations aforesaid. to sign a
promissory note for the sum of Three
Thousand $4,000 Dollars in the words
and terms as follows:
"s3, 10000.
Honolulu, Dec /, 1902.
"On demand, for value received, I
promise to pay George A. Davis. or
order. the sum of Three Thousand (sS,-
0O0) Dollars at the Banking House of
Bishop & Company. without interest
| (Signed) JOHN K. SUMNER"
That at the time of receiving said
note said Davis had given no value
therefor, and said John K Sumner
had received no value therefor, but
misled by the misrepresentation of
said Geo. A. Davis, believed that said
the said John K. Sumner,
tanning Immediately of the sum of
Forty-eight Thousand and Twenty-Five
($4S, 025) Dollars py the said Geo. A
DAVIS from the Aforesaid bank: and
that upon the failure of the SAID Geo
A. Davis to obtain the said sum, said
note would have no value or effect.
That said Geo. A. Davis, in violation
CT lis professional oath, and duty as
an attorney and professional adviser
thus falsely and frauduleItly obtain
ed said note from the said John K
Sumner and refused to return the
same, and kept the same and did not
obtain from the Bank the sum of For
| ty-eight Thousand and Twenty-Five
) ($4S, 025) Dollars, as he had represent
ed himself able to do, and was thus
guilty of gross professional miscon-
duct, deceit and infidelity to his client
THAT on or about the 29th day
of October, 1902, Gulstan F. Ropert,
as Trustee for said John K. Sumner,
flied a petition addressed to the Pre-
=
the First Circuit, entitled "Gulstan F.
Ropert, as Trustee of John K. Sumner,
plaintiff, VS.. John K. Summer, Victo-
ria Ellis Buffundeau, William S. Ellis,
John S. Ellis, Maria S. Davis, Wally
Davis, Right Rev. Gulstan F. Ropert.
Bishop of Panopolis and S. NJ. Da-
mon and S. E. Damon, Co-partners,
doing business under the firm name
of Bishop & Company, Bankers, de-
fendants;" that said Geo. A. Davis
procured himself to be appointed as
one of the attorneys for said John K.
Sumner, and assisted in the conduct
of said case on behalf of said John
K. Sumner.
S.-That on or about the 18th day of
January. 1908, by decree of the Honor
able J. T. De Bolt First Judge of the
Circuit Court of the First Circuit, of
the Territory of Hawaii, the said trust
deed to Gulstan F. Ropert was cam
celed, and the said sum of Forty-eight
Thousand and Twenty-Five ($4S, 025)
Dollars was ordered paid to John K.
Sumner, from which decree an appeal
was taken to the Supreme Court of
the Territory of Hawaii.
9.-That on or about the 25th day of
June, 1908, the Supreme Court of the
Territory of Hawaii rendered a deci-
sion wherein and whereby the afore-
said decree of the Honorable ]. T. De
Bolt, 1st Judge of the Circuit Court Of the
First Circuit, of the Territory of Ha-
waii was confirmed, and by and under
which the sum of Forty-eight Thous-
and and Twenty-Five ($4S,025) Dollars
was paid to the said John K. Sumner.
That on or about the 26th day of
June, 1903 said Geo. a Davis threat !
TnI lrnyE-
ing his weakness and inability to un-
derstand financial matters, that unless
the said John X Sumner should pay
to him, the said Geo. A. Davis, the
sum of Two Thousand Five Hundred
($2, 5000 Dollars for his services in the
said action of Gulstan F. Ropert a
gainst said John X. Sumner ct al, !
he would sue the said Sumner on the !
aforesaid promissory note for Three
Thousand $4,000 Dollars fraudulently /
obtained as aforesaid by the said Geo.
A. Davis, and would garnishee the said
Forty-eight Thousand and Twenty
five ($4S,025) Dollars obtained by said
John K. Sumner under the said decree
in said action, and delay the matter
so that the said John X. Sumner would
De unable to obtain. the possession and
control of said money; and that by
means of said threats and intimida-
lions and preying upon the fears of
said John K. Sumner, who had great
Tread of litigation, as said Geo. A.
Davis well knew, said Geo. a. Davis
lid extort from the said John K. Sum
Ter the sum of Two Thousand (S2,00O
Dollars. And complainant charges
hat the actions on the part of said
Eco. A. Davis were grossly improper,
md that said Geo. A. Davis was gull
y of malpractice. deceit and infidelity
o his client in resorting to the same
Whereof, by reason of the foregoing
charges said Geo. A. Da-
lis with professional improprieties,
deceit, infidelity to his
,lient and gross misconduct, and asks
hat the said Geo. A. Davis may be
tied to appear and answer this in
ormation at the June 1908 session of
he October 1902 Term of this Honor {
bile Court, or as soon thereafter as
ounsel may be heard, and if the I
harges herein may be sustained, that /
our Honors will dismiss from the