The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-05-11
| laration against cathcart is as fol-

laration against cathcart is as fol-
lows:
Harry T. Mills, plaintiff in the ac-
ton above entitled complains of John
w. Cathcart, defendant herein, and
for cause of action alleges:
THAT heretofore, to wit, within six
years last past, at Honolulu, and
within the jurisdiction of this court,
John w. Cathcart, said defendant, was
indebted to Hawaiian star Newspaper
Association, Ltd, a Hawaiian corpor-
alton, in the sum of forty-six dollars,
for services, work, labor and material
| supplied to and had by said defendant,
all at the special instance and request
of said defendant, and for his use and
| benefit, a bill of particulars whereof
| being hereto attached and made a
| part hereof. and, being so indebted he,
| said defendant, in consideration there
of, afterwards undertook and faith
| fully promised the said Hawaiian Star
| Newspaper Association Ltd, to pay it
| the said sum of $46, when he, defend
ant, should be theretoafterwards re-
| quested;
| THAT demand for the payment of
said sum of s46 has, heretofore, been
made upon defendant, but to pay the
same, or any portion thereof, saving
and excepting the sum of twenty dol
| lars, paid on account thereof, defend
ant has failed and neglected and still
/ fails and neglects, and that, subse-
quent to the payment, by defendant,
/ of the sum of $40. paid on account of
the whole indebtedness of $46-as here
/ in set forth-demand was made on de-
/ PENDANT for the payment of the
amount then and heretofore due, to
wit, the sum of $26, the said demand
| being in writing, copy whereof be-
ing hereto attached, made a part
hereof. and marked Exhibit A.;
That, by reason of the premises,
there was and remained due to Hawai-
ian Star Newspaper Association, Ltd,
by this defendant, the sum of $26, and
: which said sum, despite the demand
: for the payment thereof, was. on the
sth day of May, 1909, unpaid by this
, defendant;
, That. on the sth day of May, 1909
the said Hawaiian Star Newspaper
+ |
sideration, sold, assigned, transferred
D i and set over to Harry T. Mills
plaintiff herein, all of the right, title
interest, claim and demand then and
Heretofore being in and possessed by
: the said Hawaiian Star Newspaper
!. Association, Ltd, to said debt, claim
= account and demand, as against sale
: John w. Cathcart defendant herein)
: and as herein described, and tina
Harry T. Mills, said plaintiff, is thu
!. owner and holder thereof;
> THAT. because of the premises
plaintiff says that this defendant i
: indebted to him in the sum of s26, an,
s for which sum of $26. together witt
interest, attorney commission and al
- I costs herein expended, plaintiff pray
: judgment:
Plaintiff further alleges that Jane
,e Bfcknell, as Auditor of the City an
County of Honolulu. and in his off
: cial capacity as such Auditor, is tn
agent, factor, trustee, attorney an
IA debtor of said defendant, and has tn
- goods or effects, to wit, money, pa
orders, credits, accounts and voucher
a. of, belonging to and owing to said d,
- PENDANT concealed in his hands so thu
they can not be attached or levie
- upon,
Wherefore plaintiff requests tt
~ court to insert in the summons her
in a direction to the officer serving tt
same to leave a true and atteste
copy thereof with said James Bic
&C. nell. as said Auditor;
Further alleging, plaintiff says tn;
defendant is a government beneficial
within the meaning of Chapter 1876
the Revised Laws of Hawaii to W
the duly elected, qualified and acti1
City and County Attorney of the CT
and County of Honolulu, and, to Il
1 best of plaintiffs knowledge. receiv
soS or is entitled to receive, as such A
nd torney. monthly salary. wage, 81
Do pend. allowance, annuity or pensi.
of 5000, and is entitled and accustor
ed to draw such salary, wage, stipen
nd allowance. annuity or pension by wa
ted rant drawn by the Auditor of sa
;de city and county. and which warra
!, is thereafter payable and is paid
tiie the Treasurer of said city and count
dl- THAT the principal place of re!
I'VE dence of said defendant is at Kan
:. hameha avenue. College Hills, city
Honolulu, Island of Oahu, the numb
of said house being unknown
of plaintiff. but said place of residen
cal OF defendant being, as it is said.
-, the house Of Mrs. Cathcart, at So
Kameharneha avenue. the official re
the dence or provided offices of aefanda,
lilly as said City and County Attorney, /
'igs ing al the Mcintyre building in 81
=, city of Honolulu;
! hat
nu. employed. as said CITY and COUNTY
Co, torney, by the City and County
SITS. fionolulu. ana the chief employing
of defendant is at said Honolulu