Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-15
Motion To Dismiss
BANKRUPTCY
Overruled By Dole

Motion made by creditors contestlng
adjudication to dismiss petition in in.
voluntary bankruptcy in the matter of
l.. Hee was overruled by Judge Dole
OF the Federal Court this morning,
who says in his decision:
This Is a petition In involuntary
bankruptcy from five business houses
doing business In Honolulu, of which
one Is partnership. They claim that
respondent in indebted to them In the
aggregate sum of s1.320.G0 In excess
of any securities held by them. An
| answer Is filed by other creditors OF
the said l.. Hee. In which they claim
that the petitioning creditors are cred
itors of certain partnership firm
known as Wing Chong Tai, OF which
| the partners are l.. Hee, respondent,
and % Kwong Kui, alias Lau kwong
Kae. and not creditors Of l.. Hee in his
individual capacity; that the said CO.
partnership has been In existence
since January 18th, 1897. and has not
been dissolved, but that its place OF
business was destroyed by the confia-
grafton known as the Chinatown fire;
chat since that time the said l.. Hee
| has been engaged In business as an
individual In North Kohala, Island OF
Hawaii, and that ON the 18th day OF
August. 1903. being indebted to various
persons on account OF the said indiyid.
ual business in amounts which he was
unable to pay in full he made an as.
signment Of all his individual proper.
~ In said North Kohala for the benc-
ft of all said creditors 10 Hoffschlae.
ger Company, Limited. Such petition
also alleges that l.. Hee has left the
Territory and has no agent within the
Jurisdiction. The truth Of this being
shown, service by publican and by
mail was made and the case thereafter
came to trial.
find that petitioners have made out
a prlma facie case as to holding prov
able claims against respondent to the
extent of over $500. Their original ac'
counts of sales to the respondent
which were n basis OF their claims,
were destroyed in the Chinatown fire
OF January. 1900. This was satisfac
torily shown and secondary evidence
in the wayo ledgers and copies or alb
stracts of the contents Of such original
accounts, was allowed to be introduced
or to he referred to by witnesses
against the objections OF counsel foI
the contesting creditors.
, The objection that adjudication will
! not benefit the petitioners does not ap
; peal to the court, for II these petition
J ers have a right OF petition. II Is fol
them TO decide whether II is for theiI
benefit or not. In regard to the point
made as TO a partnership being an en-
tity, II seems to have no application Il
lie issue raised by the motion TO dis
miss. The petition makes no reference
to a partnership but asks that l., He'
be adjudged bankrupt. The answer
OF the contesting creditors raises tho
question OF partnership. but whether
there Is a partnership or not. make.
no difference in the matter of this mo
tion as the question OF the bankruptc,
OF l.. Hee as an individual, is the sole
! object of these proceedings, and the
creditors of the alleged partnership
. as well as the creditors of l.. Hee al
5 IN individual may petition for adjuui
] cation as stated above.
, In accordance with these views an,
! an act OF bankruptcy by l.. liee beini
6 admitted by the answer, the motion I,
r dismiss Is overruled.