The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-24
MRS. WILCOX SUES
COLLECTOR BERREY
CLAIMS THAT THERE IS A
SCHEME TO MAKE HER PAY A
A BILL TwICE-wANTs $4,000.

Theresa Wilcox's piano attracted
quite a crowd to the police station at
noon today, when it was put up al auc-
| tton under an execution issued by the
Circuit Court. There was an impromp-
! tn concert on the sidewalk. Theresa's
turn came this afternoon, when she ap-
| peared at the Second District Court to
prosecute a suit for damages against
Q. II .Berrey, on account of the sale of
the said piano at public auction. The
resa declares that she was compelled
to pay an account twice by Berrey, and
that he "wickedly and maliciously" en-
tered into a deal to cause her annoy
ance and bring discredlt upon her. She
asks for $500 damages.
The troubles which eliminated in the
sale of the piano and the bringing of
the damage suit began as long ago as
March, 1899, when the Hawaiian News
| Company secured a judgment against
Mrs Wilcox for $1O21O, on a note for
$50, with interest and costs. Accord
ing to her complaint filed with Judge
Dickey she paid S45 in various sums.
lup to October, 1899, but the amounts
were not recorded as paid, being mere
ly credited to her on the back of the
note.
In April, 1901, says Mrs. Wilcox, Q.
II. Berrey, acting as collector, under
took to collect the amount due to the
.
ed by r. w. Wilcox to the company.
In April 1901, the Hawaiian News
Company accepted as full payment for
all the debts, a note of Wilcox for
$156.20, and on this note Berrey sued
Wilcox and obtained judgment for
$l74.64, in May, 1901. This judgment
still stands unsatsfied, says Mrs. Will
! cox and represents all she and her
| husband owe to the News company.
/ IN n
That thereafter, to wit on the 18th
| day of September 1901, the said de-
fendant herein, at said Honolulu, wick
edly and maliciously contriving and in
! tending thereby to injure this plaintiff
! in her credit and estate and to put
| plaintiff to great annoyance, trouble
and expense, he the said defendant
then and there well knowing all ami
singular the facts hereinbefore set
forth, did promise from the said COM
pany an assignment to him of the said
| judgment, and thereafter, to wit, on
the 10th day of December, 1901, said de-
fendant, with the intent and purpose
aforesaid, then and there well know
ing that said judgment had been paid
and satisfied, but that such said satis-
faction had not been entered of record,
did make a further assignment of the
judgment last aforesaid to one II. G..
MiddledItch, which said assignment
was then made with the further intent
and purpose on the part of said de-
fendant herein, that said Middleditch
should Immediately sbring an action
against this plaintiF based upon the
said judgment and thereby further
subject this plaintiff tothnnoyance, dis
! credit and expense"
The next day after the assignment,
I Middleditch began suit and he secured
judgment The case wasHappealed and
the Circuit Court confirmed the judg-
ment. An execution was Issued, re-
sulting in the sale of the piano today.
AS the old judgment against Bob Will
cox still stands Mrs. WilcoN Says that
she will now be forced to payt mon
ey twice, AS a balm to her wounded
feelings and recompense for losses and
destruction of her good credit, she
wants $500.