The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-04-06
STEAM LAUNDRY
SALE ATTACKED
Alleged to Have Been Sold to
Mag0On at 0ne-Third
Its Value.

| Troy Laundry Machinery Co, Ltd.
: of san Francisco brings an equity suit
: against Sanitary Steam Laundry Co.,
COON to have the conveyance of the
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 a judgment in favor
of plaintiff against defendant COM
pany, in the Circuit Court on March
| 20. 1906 for the sum of s629.71 debt,
$169.10 interest and 1857 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. wherein to
levy, and a like negative result &C
crued from an alias execution issued
on January %, 1907. 1t is alleged in
detail that at the time the debt was
contracted, September IL, 1903, the |
laundry company was the owner of a |
valuable plant, and lands, tenements, |
buildings, leaseholds, valuable live |
stock and personal property including |
thirty-year lease from June l, 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 s14,-
600 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
defendant J. Alfred Magoon for a
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-
Further along it 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
IF certain persons whose names are
o plaintiff unknown acting In behalf
If said defendant Sanitary Steam @
Laundry Company, Limited, to cheat I
ind defraud the creditors of said de-
endant corporation other than said
defendant j. Alfred Magoon, and par
icularly to cheat and defraud this
plaintiff out of its said debt and de-
nand and TO hinder and delay this
plaintiff in the collection thereof, and
o transfer the oStensible ownership
nd possession of the property afore- u
aid liable to execution to the said de- q
endant J. Alfred Magoon, so as TO e.
revent this plaintiff or any other a
reditor from levying upon and selling a
aid property for the satisfaction of W
heir demands
Thompson & Clemens are attorneys fe
Dr. plaintiff.
Demurrers by both defendants have f.
cen filed by Magoon e. Lightfoot,
heir attorneys. They set up that it ~,
not shown that the market value of
roperty was greater than the sum
aid for it by Magoon, or that no other
nd further considerat ton than the
200 was given; that plaintiff does
OF offer to do equity by returning
ny part of the purchase money al
ged to have been paid, that the court -
without jurisdiction to require de-
ndants to answer the interrogatories
the bill, that the interrogatories of
lie bill are impertinent and defend
ats cannot be called upon to answer
lem, that the allegations of fraud are
sufficient for various reasons stated
the demurrer, and that the plain
# is guilty of laches and not entitled
relief.