The Hawaiian gazette., 1904-09-13
CR|NBAUM'
BIG CLAIM
Cross Bill for $400, 900
In Hama Plantation
Equity Suit.

To the bill for foreclosure Of a mort
gage and for appointment OF n receiv
er OF sigmund ureenbaum ana Charlie
Altschul. complainants. W. Hama Plan
tan.-i Co, NJ. &. Gtinbaum & Co, Ltd.
and Union Trust CO. of san Francisco
respondents, NJ. $. Grinbaum & Co.
Ltd. file an answer and cross bill.
This respondent denies that the mort.
gage of December 10. 1894, covers or is
lien on the sugar mill and sugar man.
ufacturing plant, railway, rolling stock
and any personal property acquired af-
ter the mortgage was given and de-
MES that the mortgage covers. includes
or is a lien on the crops OF sugar cane
now growing on the lands in question.
VI. S. Grinbaum & Co., Ltd. admits
that 1t has an interest or lien on all
the personl property Of the Hama Plan
tation Co. in the district of Hama, but
lien of complainants under the mort
gage of December -, 1894, alleging on
the contrary that its mortgage is a SUI
perior lien.
This respondent further answering
and complaining against the plaintiffs
,Jand the respondents the Hama Planta-
/ 90 1, I-nfn ,ct ~ Of
San Francisco, sets up an agreement
that the Hama Plantation Co. made
with NJ. S. Grinbaum & Co. on or about
August IL, 1899, copy of which is
annexed
On or about August IL, 1899. the Hama
Plantation Co. appointed NJ. S. Grin
baum & Co. it's general agent and man.
ager in the Hawaiian Islands for the
term of eight years from that date,
with the full power to manage the bust
ness of the Hama Plantation Co. sub
ject to the control and direction of its
board of directors, to cultivate and ex-
tract sugar from the crops growing on
ldiluS lltHllolltu, III the VI
Maui, and the whole thereof Except
when prevented from so doing by rea-
son of strikes, acts of God, war, or
when the employment of labor for the
purposes stated would be detrimental
to the interests of the Hama Plantation
Co., or when the price of labor for
such purposes was so dear that the
employment of labor would render I'M
profitable the business of the Hama
Plantation Coz and to preserve and
prepare the sugar for market and ship
ment, and NJ. S. Grinbaum & Co., Ltd,
accepted said agency and employment.
The Hama Plantation Co. promised
and gave the exclusive right to NJ. S.
Grinbaum & Co., Ltd, to sell and dis
pose of the sugar in any of the mar
kets of the world, and agreed that NJ.
S. Grinbaum & Co. should have as COM
pensation four per cent. of the gross
amount of all sales of it's crops of
sugar. and authorized and empowered |
ltS agent ~ duNdhtt SuCH SUN SullS
as might be necessary to manage and |
conduct the business, plantations and |
properties of the planting company |
named, which advances Hama Planta-
ton Co. promised to repay to NJ. S. |
Grinbaum & Co. with interest at six per
cent. per annum from the date of MAX
=
that NJ. S Grinbaum & Co. should |
have a lien on all personal property
of Hama Plantation Co. then in pos
session and which might thereafter
come into possession of Hama Planta-
ton Co. for advances of every kind,
and further empowered the agent to
sell without notice, at either public or
private sale, the whole or any part of
the crops (either before or after har-
vesD and apply the proceeds to the
Pc "ment of any such advances.
Nj. S. Grinbaum & Co., Ltd, claims
that it has carried out it's part of the
agreement, and made large advances to
Hama Plantation Co.. which Is indebted
to it in the sum of about 100000. The J
exact amount cannot be stated because
he general plantation accounts are kept
IN Honolulu, while certain accounts of
advances, interest payments and sugars
ON the way or sold are kept in San
Francisco. Under the agreement this
claims and asserts a lien
for all such advances by it made to
Hama Plantation Co., together with in
terest, on all the personal properties,
crops and sugar of the Hama Planta-
ion Co., and alleges that the same
ought to be sold to satisfy the indebted
ness of Hama Plantation Co. to NJ. S.
irinbaum e. Co., Ltd.
The Grinbaum corporation prays that
[ be adjudged and decreed to have I
len on all mills, machinery, railways,
'rops of sugar cane and all personal | ,
property of the Hama Plantation Co.,
and that, subject to any prior liens,
aid personal property be sold and the {
proceeds applied in payment of the in J
lebtedness of Hama Plantation Co. TO ,
". $. Grinbaum & Co, Ltd. that an =,
recount be taken under direction of the
curt of such Indebtedness. and that the {
Hama Plantation Co. be de- I