Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-10-11
MARSHALL SUED
FOR DEBT Held
TOBESIl3,O0O
Surety Company Claims Break
water Builder Owes on Is
PromiSSory Notes

ACTON Tor the collection or an al
legged debt OF $113,620,10 was filed in
the circuit court today by the Ameri-
can Surety Company of New York
against George T. Marshall, contractor
in charge OF the construction of the
Hilo breakwater.
This is the third suit to be brought
against Marshall by the surety com,
pany. the first having been an action
to enjoin him from receiving paymeLt
on claims due him from the govern
ment for the breakwater work, and
the second. filed on Tuesday. to at.
tach property of value in his posses
sion.
Allege Cancellation of Power
The surety company is Marshall's
bondsman in the breakwater project.
1t is alleged that Marshall entered
into a contract with the surety CON-
pany under which he was to deposit
in the First Bank of Hilo, Ltd,
all checks received by him from the
government in payment for his ser
vices as contractor. These checks, il
is claimed. were to be countersigned
by Richard Deming, yice-president of
the surety company, it being further
alleged that Marshall gave Deming his
power OF attorney which was placed
on file with the war department.
Plaintiff further contends that, with
out first consulting Deming. Marshall
cancelled the power of attorney.
Causes Of Action Separate
In the complaint filed today %
specific instances are mentioned
wherein it is alleged Marshall gave
promissory notes to the surety com.
pany, the total of the notes amount
ing to $113,620.10. Plaintiff claims
that, although duly demanded. no part
Of the sums of these various notes
have been paid.
The prayer OF the plaintiff is that
it be given Judgment against Mar
shall on all of the causes OF action
set forth in the complaint, together
with interest on each and all of the
causes at the rate OF per cent a
year and for attorneys fees and costs
of court. The complaint is sworn to
by Vice-President Deming of the
surety company.
DemIng Gives Denial
Regarding the attachment suit filed
Tuesday, Deming says:
Relative to the article in the Adj
vertiser this morning. have nothing
to say except that the claim made by
Marshall that there is any equity in
the Job whatever and that | have re-
fused to sign checks are not facts. II
have never refused to countersign any
check presented to me when there
was any balance on deposit to the
credit of Marshall in the bank"
Seeks to Dismiss Receiver
A motion to dismiss the order ap-
pointing G. s. Curry receiver in the
suit for Injunction brought against
him by the American Surety Com
pany OF New York, and directing the
assignment Of his claim against the
was filed in the circuit
court today by George e. Marshall,
contractor in charge of the Hilo
breakwater.
Marshall contends that the circuit
court of the fourth circuit and not
the circuit court of the first circuit
has Jurisdiction in the proceedings
brought against him, and that the |
does not set forth sufficient |
Iacts to entitle the plaintiff to any re.
lief. He further claims that it does |
not appear that any warrant has been
issued to him by the United States |
n behalf of work done by the de- |
;endant last month.