The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-21
AM ENDED BILL
Of COMPLAINT
II. G. MiddIeditch Wants Cath
carts House Sold to Pay
Creditors.

An amended bill of complaint agains
John W. Catheart, Mary Cathcart. an
Percy NJ. Pond has been fled by FL. G
Middleditch, trustee in bankruptcy fo
the Chas. f. Herrick Carriage Company
Ltd. The name Edith Pond is sub
stltuted IN the amended complaint fo
that of Percy NJ Pond. new develop
ments in the case having arisen show
ing that the alleged contract for tn,
house in College Hills was made by her
| Cathcart is again charged with havins
| brought about the contract between hi,
wife and Edith Pond for the purpos,
OF defrauding his creditors out of money
due them. All the facts alleged il
the primary complaint are set forth
as well as considerable additional in
formation. It is alleged that Mrs
Cathcart paid $2O55 on account in ac.
cordance with her contract with Mrs
Pond, and that her equity is co-exten-
slve with the payments so made by her
IN the proportion which they bear to
the price named in the contract.
Middleditch further alleges that Mrs.
Cathcart holds her equity in the con-
tract as trustee in invitem for the cred
itors of John W. Catheart. This would
be, of course, the manner in which
Cathcart evaded the demands of his
creditors.
1t is asked, therefore, by the plain.
tiff in the suit, that the defendants be
summoned to appear in court; that Mrs.
Cathcart be decreed to hold her eouitv
as trustee in invitem for Catheart s
creditors, and that the premises named
IN the suit be sold. Out of the money
thus realized Middleditch agrees to
compensate Edith Pond for the sum still
due on the contract, and asks that the
remainder be devoted to paying other
creditors of Cathcart, named in the suit.
The amended bill of complaint will
come before Judge De Bolt for argu
ment shortly.
Mrs. Duvauchelle Granted Divorce.
Mercedes Duvauchelle, wife of Eugene
Duvauchelle, the former police officer
who was tried and acquitted on charge
OF accepting bride some time ago, was
granted a divorce yesterday afternoon
on the grounds of non-support. Frank
Thompson represented the lbelant and
Glenn K. Quinn presented the case for
the libelee. No alimony was asked.
Chinese Assault Case Continued.
The trial of Wong Wing and seven
other Cinnamon, accused of having tried
to do up an actor in a Chinese theater
about year ago, was continued all dav
yesterday in the Circuit Court. At the
request of the attorneys, however. the
case has gone over until Monday to
allow the Chinese to celebrate New
Year S day. Several of the defendants
in the case have been ON the witness
stand, all of them so far denying alb
solutely that they were on the Chinese
theater premises on the night in cues
ton.
Annual Accounts Approved.
Z. Faxon Bishop, trustee of the es-
ate OF James G. Hayselden, filed his
annual accounts in the Circuit Court |
yesterday The value of the estate is
FAMED at $270113. The report of M.
[. Slmonton, master, on the final ac-
counts of Fred Macfarlane, guardian
# the estate of Georgiana Macfarlane
'riel, were approved yesterday, and the
'uardian discharged and removed from
urther responsibility.
Grants Registered Title.
Frederick c. Miller was granted
egistered title to 1854 square feet of
and on the west side of Makiki street
n decree fled in the Court of Land
registration by Judge Weaver yester.
ay.
Court Notes.
Clerk Simonton of the Circuit Court
as filed his bond as commissioners to
ell land in the suit of the Honon1lu
library and Reading Room Associa zion
gainst Frank E. King and Louise <Ic-
rev.
Both the Territorial and the Federal
rand juries were in session yesterday.
he latter will make full report to