The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-04-09
STEAM LAUNDRY
SALE ATTACKED

Troy Laundry Machinery Co. Ltd.
OF san Francisco, brings an equity suit
against Sanitary Steam Laundry Co..
Ltd, of Honolulu and J. Alfred Ma
COON to have the conveyance OF tho
property OF defendant company to de-
PENDANT Magoon adjudged fraudulent
and void as against plaintiff and all
other creditors of Sanitary Steam
Laundry Co.. to compel defendants to
make disclosure OF property, to require
Magoon to account for all the property
received from defendant company and
all income therefrom and all proceeds
OF sale. to have the property described
and any property discovered applied
or sold to satisfy judgment in favor
OF plaintiff against defendant COM
pany. in the Circuit Court on March
20. 1906, for the sum of s629.71 debt,
sl69.10 interest and 1867 costs of suit.
and for such other relief as the court
may give,
An execution on the judgment was
Issued on March 81. 1906, and returned
unsatisfied for the reason that the
sheriff could find no property of SAM
tary Steam Laundry Co. whereon to
levy, and a like negative result ac-
crued from an alias execution issued
on January 30, 1907. 1t is alleged in
detail that at the time the debt was
contracted. September IL, 1908. the
laundry company was the owner of a
valuable plant. and lands. tenements.
buildings. leaseholds, valuable live
stock and personal property including
a thirty-year lease from June 1. 1900.
of four portions OF land.
1t is further alleged that on October
10. 1908. the laundry company was in
debted to Magoon In the sum of $l4.-
900 for moneys advanced, J. Alfred
Magoon being then vice president,
general manager and controlling
stakeholder of the company, and that
on said October 10 Sanitary Steam
Laundry Company, Limited, sold and
disposed OF its said plant. lands. tene-
ments and personal property to said
grossly inadequate sum, to wit, the
sum of $4,000. and no record of said
transfer has been made or instrument
evidencing said transfer filed for rec
ord In the Hawaiian Registry Of Con-
veyances."
Further along 1t is declared that the
property sold to Magoon for $4,000
was of the value OF $4,000, the COM
plant first saying:
"And plaintiff further alleges on in
formation and belief that said sale was
made with the intent and design of
said defendant j. Alfred Magoon and
of certain persons whose names are
to plaintiff unknown acting in behalf
OF said defendant Sanitary Steam
Laundry Company, Limited, to cheat
and defraud the creditors of said de-
PENDANT corporation other than said
defendant ]. Alfred Magoon, and par
ticuarly to cheat and defraud this
plaintiff out of its said debt and de-
mand and to hinder and delay this
plaintiff in the collection thereof, and
to transfer the ostenslble ownership
and possession of the property afore-
said liable to execution to the said de-
PENDANT j. Alfred Magoon, so as TO
prevent this plaintiff or any other
creditor from levying upon and selling
said property for the satisfaction of
heir demands"
Thompson & Clemens are attorneys
or plaintiff.
Demurrers by both defendants have
been filed by Magoon &c Lightfoot,
heir attorneys. They set up that it
s not shown that the market value OF
was greater than the sum
paid for 1t by Magoon. or that no other
md further consideration than the
10000 was given; that plaintiff does
not offer to do equity by returning
my part of the purchase money al
eyed to have been paid. that the court
s without Jurisdiction to require de-
endants to answer the interrogatories
II the bill. that the interrogatories of
he bill are impertinent and defend
.nts cannot be called upon to answer
hem. that the allegations of fraud are
insufficient for various reasons stated
n the demurrer. and that the plain
iff is guilty of laches and not entitled
o relief.