The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-10-06

CLAIMS coN1BAcfoRis
VERY DEEPLY IN DEBT
Allegations IN Complaint State
Affairs Of Defendant Are
Much Involved

4& 7. a--4..
70 compel specific performance Of
the terms Of the contract exiAtipk be-
tween Il and George e. Marshall, con.
tractor for the HIlo breakwater; to
provide Tor The appointment Of I re-
eeiver and TO restrain the cohtractor
from rseeiving from the federal gov
ernment any moneys pending the Anal
outcome Of the suit, the American
Surety Company Of New York 6lsd in
the local eircnit court yesterday bill
Of eomplaint FOR IN injunction, and for
the appointment Of receiver, against
George =. MarshaIl.
A temporary injunction and restrain
ing order we're issued yesterday by
Judge Ashford, the American Surety
Company Of New York giving bond for
go 900, with the National Surety Com
pany Of New York a. surety.
The plaintiff claims that1 on April
30, 1914, Marshall entered into con
tract with the United States to con-
struct and complete . breakwater In
Hilo; that the plaintiff became the
surety Of Marshall for t225,000, and
that on the same date Marshall entered
/ Into eontfnct with the plaintiff. In
eteot, a. follows:
Agreed To Depoait CHECKS
Said Marshall agrees that as checks
fare received, from the United States
IN payment for work done, they shall
De deposited IN the First Bank Of Hflo.
4iimited, Us q special deposit, and
subject 10 the countersienature Of the
surety company, and chat BY this
agreement Marshall undertook to ssbe.
Fore starting work to deposit in the
First Bank Of Hilo. Limited. as a part
o. said special deposit, 100000, with
which to carry on the work and to
keep at least that amount Of his money
I'm anch special deposit for that pur
| pose until the completion Of the work. .
The complaint states that the defend
ant has failed TO comply with the
Terms Of his contract, in that he failed
10 deposit the $20, 900 in. the bank as
provided, stand now threatens not to-
deposit the cheek ito be secured fand
| now due from the United States for
work done during the month Of Beptem-
Der 1916, amounting to approximately
| $23, 900 @in said First Bank OF Hilo,
Limited, Also in violation Of saidgcon:
| tract.
Paragraph ~ Of the complaint says:
Owes Nearly 100000
That the said defendant during, the
Iprogreas OF the work has been
getting deeply in debt = and Is
lat this time inselvent and hnapcialiy
unable TO meet his just debts and OBJ
ligationsi that the said defendant i
indebted to plaintiff in the sum Of
lSl46,000 for advances made to him per-
sonally, and Is also indebted TO
! the First Bank OF Hiio, Limited, in the
sum Of approximately $2s,0O0 and owes
/ miscellaneous accounts in addition TO
the foregoing amounting to approx
mntely $4,000. That as plaintiH Is
Uniformed and verify believes the said
ldefendant's property available TO meet
! his Just debts and obligations has not
| d value in excess Of 100000. n
On September 2o 1916, alleges tho
eomplaint, Marshall discharged from
his employ a large number of work
men, ssand that their claims against
the said defendant together with labor
UNPAID were not discharged amount TO
Approximately the sum Of 45000.'n
The complaint also alleges that Mar.
shah has threatened to 60 into bank
I'ruptcy, and that he admitted to the
company that he was insolvent and un.
dble to pay his debts,
The complaint closes with the follow
ling prayer:
Court Asked To Intercede
Wherefore, plaintiff prays that y
.receiyer OF defendants claim against