New Colonial Co. v. Canovanas Sugar Factory. time being be so registered was, or were, absolutely entitled thereto, and the said Marqués de la Esperanza, Charles Alexander Hoard, and William Henry Latimer, or any of them had not any interest therein. As witness THE FIRST SCHEDULE ABOVE REFERRED TO. PARTICULARS OF PROPERTY. All those the farms, plantations, or estates formerly the property of the late George Latimer, deceased, known by the names of Punta and San Ysidro, situated in the district of Loiza, in the island of Porto Rico, with the Central Sugar Factory of Canovanas erected on a portion thereof, and all other the buildings, sheds, railways, machinery, plant, tools, implements, and other effects, live and dead stock, and all other the property of whatever description in, upon, or about the same as now existing, and which, or some portion thereof, was in and by a certain mortgage, or public instrument of mortgaging obligation, executed by the Sucesión of Don Jorge Latimer y Compañia, dated the 4th day of June, 1879, mortgaged to Lanman & Kemp, to secure a sum of $200,000, and a portion of which property known as the Central Sugar Factory of Canovanas was afterwards, by a public deed of sale, dated the 30th day of October, 1879, sold and conveyed by the said Sucesión to Edward Kemp, and by him by lease of same date leased to the said Sucesión. THE SECOND SCHEDULE ABOVE REFERRED TO.` STATEMENT OF SUMS PAYABLE AFTER PAYMENT IN FULL OF LANMAN & KEMP'S DEBT. Amount due by the executors of G. Latimer, deceased, to the Colonial Company Limited Back instalments and interest thereon to 30th September, 1882 ... Four instalments of £1,125 each, due 1st August, 1883, 1884, 1885, and 1886 Amount due by Punta estate to the estate of Messrs. Lat mer & Company, as per balance sheet, 31st December, 1881 $ 172.457 17 New Colonial Co. v. Canovanas Sugar Factory. Amount due by the executors of G. Latimer, deceased, to the Amount due by Charles Alexander Hoard to the Colonial (charged on the future profits of the Canovanas Factory, by deed dated San Juan, 23d November, 1879). Amount due by William Henry Latimer to the Colonial Company, Limited (charged on the future profits of the Canovanas Fac- $ 114,582 00 $ 192,583. 00 Amount due by the "Sucesión de D. Jorge Latimer & Company," to the “Marqués de la Esperanza," for a payment made by him to Lanman & Kemp, to be repaid to said Marqués de la Esperanza, out of the first profits after paying Lanman & Kemp, American Gold....... $ 30,000. 00 Amount due by the "Sucesión of D. Jorge Latimer & Company" to Borda & Company, for payment made by them to Lanman & Kemp. $ 55.000. 00 The undersigned accept and approve of the contents of the foregoing agreement on condition that the annuity to C. A. Hoard be paid quarterly in advance to date from January 1st, 1883. W. H. Latimer, Executor of George Latimer, deceased. W. H. Latimer, Liquidator of the estate and affairs of the firm of Latimer & Company. Witness of the above signatures, Polus J. Padilla. Julian E. Blanco. El Marqués de la Esperanza, W. H. Latimer. Chas. A. Hoard. La Sucesión de Don Jorge Latimer & New Colonial Co. v. Canovanas Sugar Factory. Accepted and approved, the amount due Lanman & Kemp, being as of September 30th, Eighteen hundred and eighty-two, sixty-eight thousand three hundred and eight (£68,308 Os. Od.) pounds sterling as heretofore stated between the parties hereto. Dated New York, March 22d, 1883. Witnesses Abraham F. Downing. F. Brouwer Ancher. Lanman & Kemp. L. & K. No. 5. Sealed with the common seal of the said Colonial Company, Limited, by Benjamin Brown, the secretary of the said company, by order of the directors of the said company, and in the presence of the undersigned witnesses, being two of the directors of the said company. Frederic Lubbock, The Benjn. Brown, An agreement made the fourth day of December, 1902, between the Canovanas Sugar Factory, Limited, whose registered office is at 20 Eastcheap in the city of London (hereinafter referred to as "the Canovanas Company") of the one part, and the New Colonial Company, Limited, whose registered office is at the same place (hereinafter referred to as "the Colonial Company") of the other part. Whereas the Colonial Company are the managers and consignees of the estates in Porto Rico and business of the Canovanas Company, under the terms and conditions of an agreement dated third day of February, one thousand eight hundred and eighty-three for a term which will expire on the third day of February, one thousand nine hundred and three, but which term has, by agreement between the two companies, as evidenced by the letters which passed between them on the nineteenth day of June last, been extended for the further period hereinafter mentioned, and for the purpose of carrying out such agreement. It is hereby agreed as follows: 1. The management of the business of the Canovanas Company by the Colonial Company shall be continued under the existing terms and conditions in every respect, for the term of five years, as from the expiration of the twenty-years term on the third day of February, one thousand nine hundred and three, under the provisions of the existing agreement of the third day of February one thousand eight hundred and eighty-three, and, New Colonial Co. v. Canovanas Sugar Factory. after the expiration of such five years, from year to year until determined on the thirtieth day of September in any year by either party giving to the other six calendar months' previous notice in writing; provided always that any notice given to the Canovanas Company shall not be effective and come into operation, except on condition of that company paying, before the expiration of the notice, all amounts owing by it to the Colonial Company under the said agreement of the third day of February, 1883, or under any other agreement or on any account whatsoever, whether se cured or not. As witness the common seals of the said companies the day and year first aforesaid. The common seal of the Canovanas Sugar Factory was, pursuant to a resolution of the board of directors, duly passed on the 1st day of December, 1902, hereto affixed in the presence of L. S. The common seal of the New Colonial Company, Limited, was, pursuant to a resolution of the board of directors, duly passed on the 4th day of December, 1902, hereto affixed in the presence of L. 8. (sd.) Geo. M. Ohlson, 20 Eastcheap, London, E. C. Clerk to the New Colonial Company, Limited. Quilichini v. Agostini. SANTIAGO QUILICHINI v. JUAN AGOSTINI ET AL. Mayaguez, Equity, No. 139. 1. A conveyance made several years before the filing of the bill to set it aside and subject the property to execution will not be set aside when the proof shows that, at the date of the conveyance, the grantor was solvent. 2. The fact that the conveyance was made without the payment of any consideration, and to a concubine of the grantor, does not alter the rule above stated. Opinion filed November 15, 1906. Mr. Herbert E. Smith, solicitor for complainant. Mr. Salvador Mestre, solicitor for defendants. RODEY, Judge, delivered the following opinion: This cause comes before the court on the pleadings, the exhibits, and the evidence, for findings of fact and law, no findings having been made by the master. Counsel for complainant filed a brief with a supplement thereto, while counsel for respondents filed none whatever, and made no argument before the court, although requested so to do. |