The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-10
PEACOCK
WINS 4 POINT
Temporary Injunction Is
Denied--A CARVE
Meeting.

ment of the liquor mouse bearing his
name yesterday. After presiding over
forensic contest most of the day.
Judge Lindsay denied the petition of
John G.. Rothwell for temporary in
junction against Peacock's assumption
of the management.
SUBSTITUTION NOT ALLOWED.
An attempt to make the corporation
case, failed One of the points most
strongly urged by Peacock S attorneys
was that the corporation was not
party. Minutes of a meeting held the
the hearing to show the corporations
authority and part in the proceedings.
Judge Lindsay. however, ruled that
the insertion of the company's name
would not be an addition but SUBJ
stitution, hence not an amendment OF
the petition which could be allowed.
THE PROCEEDINGS.
s. Nj. Ballou, r. B. Anderson and e.
A Mott-Smith appeared for complain
ant, ana H. w. ASHIOfQ, OdiiidCl ANOc%A
and r. W. Breckons for respondent.
Mr. Mott-Smith read the bill. and
ar. Noar the return.
Mr.. Ballou asked that temporary
Injunction issue An answer was i'm
material at that stage. He referred TO
the merits OF the case and argued UNI
ii. the noon recess.
Mr. Ashford replied on behalf of the
respondent in the afternoon. He quot
ed authorities to show that John G.
RothwelI. petitioner, had no standing
in equity, any more than he would
have in law, with reference to the
damage to the corporation alleged.
The return he said was partly by way
OF demurrer and partly by way of an
swer on the merits, and in both re-
CARDS the effort of the respondent was
to show the court that the writ should
not issue.
Mr.. Breckons followed with an ar
gument on different phases of the con-
troversy from those handled by his
colleagues. Much emphasis was laid
by both attorneys on the contention
that Rothwell shoul9 have exhausted
all remedies within the corporation,
and these failing in the redress he
sought, then the corporation should be
made party to any litigation, In
this case the injury alleged was to the
corporation.
Mr.. Ballou announced that a meet.
ing of the directors had authorized
their attorneys to join the company
as party plaintiff with Rothwell, in
evidence of which action he presented
minutes OF the meeting. He moved
for leave to amend the petition by
adding w. c. Peacock & Co, Ltd, as
d party plaintiff.
Mr. Ashford opposed the motion on
various grounds, including the pre-
vious judicial recognition of Peacock
as the lawful president of the COM
pany.
Judge Lindsay confirmed his ruling
to the objection that the proposed
amendment would be substitution
This he held to be we'll taken and de-
MED the motion.
CARVE DIRECTORS MEET.
While the hearing was in progress
before Judge Lindsay. a meeting of
the directors of the corporation, as
claiming to exist under the presiden-
cy of Alex. CARVE, was held under
the following undated call:
You are hereby notified that a
meeting of the directors of w. c.
Peacock & Co. Ltd, will be held at
the office of the company, Merchant
street, Honolulu, or Friday, March
9, 1906, at 2:30 o'clock D. m.
by order of the president.
&C. S. WEIGHT.
Secretary w. c. Peacock & Co, Ltd.
Approved:
ALEX. CARVE,
Pres. w. c. Peacock & Co., Ltd
The notice was thus acknowledged:
Received the above notice:
ALEX. CARVE,
JAS. L. COCKBURN,
-. G. ROTHWELL.
&C. S. WEIGHT.
tCounrersigned) ALFRED T. BROCK,
Notary Public
Minutes of the meeting later pre-
scented in court, signed by C. s.
Weight, secretary, approved by Alex.
CARVE, president, and certified as cor
rect under oath by the secretary, give
the proceedings as follows:
Those present We're: Alexander
CARVE, president; J. L. Cockburn, vice
president; Chas. S. Weight. secretary,
and j. G. Rothwell, treasurer.
THE secretary stated that he had
served notice upon all Of the directors
VI the CoiipciHy, ny PRESUMABLY
ing them or leaving a copy of the call
at their respective places of business
"The president then stated that Mr..
w. C. Peacock on the morning of
March 6. 1906, had entered the prem
ises of the company and was MAIN
tanning himself there by force and in
terfering with the management of the
present manager, Mr.. J. G. Rothwell;
that by reason of such interference
by w. C. Peacock the company's bust
ness was being injured.
"The following resolution was moved
by j. L. Cockburn, seconded by C. s.
Weight. to wit: On account of the
interference by w. G.. Peacock with
the management of the business of r.
G. Rothweil and of the damage being