Honolulu Brewing & Malting Co. v. Bartlett

Citations

• 23 Haw. 192
• 1916 Haw. LEXIS 28

Syllabus

<p>Equity — pleading—demurrer.</p> <p>A bill in equity to restrain the defendant from selling or otherwise disposing of his property unless he satisfies or secures the payment of an unsecured promissory note given by him, which note has not matured, wherein' it is alleged that the defendant is absent from the Territory, a fugitive from justice, does not intend to return to the Territory, and is selling and disposing of his property in the Territory to evade payment of such note and to defraud the payee and other creditors, does not state facts sufficient to entitle the plaintiff to the relief sought, and a demurrer on that ground should be sustained.</p> <p>Same — fraud—creditor’s Mil — discovery.</p> <p>A court of equity will not entertain a creditor’s bill which seeks relief from a fraudulent conveyance, made or contemplated, and a discovery of assets of the debtor in the hands of others, in advance of the maturity of the creditor’s demand, especially where the creditor has no lien on the property conveyed or about to be conveyed. The maturity of the creditor’s claim in such case is a condition precedent to the granting of such relief.</p>