The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-01
REV. AZRILL IS ROASTED

The Reverend W. X. Azbill is in hot
water by reason of criticisms of Judge
Gears decision in the suit brought
against him by H. NJ. Levy. Judge
Gear says that Azbill ignores the real
basis of the decision, and in answer to
the preachers claim that the published
versions of the judges criticism of his
acts was worse than that spoken by the
judge. 1t is pointed out tnat the steno-
graphic court record makes matters
worse for Azbill than the published
accounts. Levy has strong opinions
about the conduct of the minister in
the matter, and the reverend keeperof
the Azbill Home for stray children
ought to have felt his ears tingling this
morning when his kick was discussed.
The suit of Levy was brought on
account of a payment to Azbill of $3.50
for which the following receipt was
given:
Received of H. NJ. Levy the sum of
$3.50 on account of the rent and furni-
ture and furnishings of the Queen Hotel
as per agreement to be drawn up here
after. wv. K. AZBILL."
The agreement was never carried out
because it developed as Gear decided,
thai Azbill could not carry it out. Then
Azbill refused to return the $3.50 Ac-
cording to a letter written by Azbill
to Levy, he was willing to accept $120
month rent for the hotel. In his an
swer to Aevy's complaint he set up a
counter claim of $3.50 for five days al
legged possession of the hotel by Levy.
Judge Gears words in commenting up
on the transaction, were:
"The court from all the evidence is of
the opinion that Mr.. Levy has received
nothing for it (S25O) Mr.. Azbill says
that he is ready and willing to do what
be apreed to do but the lessor says he
will not allow him to do it.
1T seems to me that the plaintiff is
entIUed to recover the amount sued for.
1t also seems to me that the action of
Mr.. Azbill not only is unwarranted in
law, but it would seem, even though it
were warranted in law, that a man Of
his profession would not want to take
advantage of the apparent situation
that he seems to want to take adVan-
tage of and, knowing that consideration
had absolutely failed, certainly il would
seem to me that he should feel that he
was morally bound bv that, whether he
felt that under the law he was bound or
not.
The judgement of the Court is, that
under the law he is bound to return the
$3.50 and perhaps it will affect his feel
ings as to his moral obligations when
he hears the Judgement l believe that
under the evidence there Is no question
but what the $3.50 was paid on account
of a contract which could not be exc
cuted and therefore was paid absolute
ly without consideration. The evidence
that Levy had occupancy does not COM
mend itself to my mind and was ap-
parently put in for the purpose of
trying to show a reason for holding
back the $3.50 in case the court decided
that 1t was without consideration"
The Rev Abill represented to me
that he had the right to lease the hotel
to me-" said Levy, "and after we had
agreed upon terms l gave him a check
for $3.50 as evidence of good faith upon
my part. I suggested that he leave it
uncashed for the time being, and he
said he would not cash 1t, as he might
have to return it, l have since learned
that ne cashed it at once.
1T was after we had come to terms
that I suddenly found I'm conversation
with Mr.. Wood of Waterhouse and
Company, that AZbill had no right to
sub-let his lease. I went to him and
asked about it, and he still proposed to
carry out the agreement, saying we
could fight it in the courts. I told him
that Lycurgus and myself, who were
both in the deal, did not propose to buy
lawsuit, and he continued to refuse
to give up the money. Then / told him
that Lycurgus had advanced money on
the proposition and would certainly not
consent to lose 1t in that way, even If |
was willing and that suit would be
brought to get the $3.50 back"
Judge Gears decision was on the
ground that Azbll did not and could
not deliver the lease he had agreed TO
sell, because of a clause in his own lease
prohibiting a suitcase without the con-
sent of the original landlord who eX-
pressly refused his consent.
Levy denies that he ever had posses
/ sion of the hotel at all