The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-05-11
CATHCART SUED
FOR HIS DEBTS

Harry r Mills versus John w
Cathcaft. Defendant James Blcknell,
80 Auditor ~ the city and County
~ Honolulu; Garnlshee."
This u the fun title Of n suit that
was Med In the District Court YES.
ierday as an aftermath 20 Cathcart's
failure to pay the Hawaiian star for
printing and announcements In connec.
tion with his political campaign, Cath.
carts original Indebtedness amounted
20 $40. or this he paid $40 on account.
and IL is for the balance OF s26 that
the machinery OF the law has been in
voked In an effort TO make the County
Attorney meet his Indebtedness.
George +. Henshall, manager of the
Star, swears TO the correctness OF the
claim against Cathcart in an affidavit
which concludes in the following Ian.
guage:
THAT afiiant makes and has made
this affidavit as the agent OF Harry
7. Mills, the party mentioned hereln-
above as the plaintiff and for and on
behalf OF said Harry r. Mills.
That said account has been render
| ed to said named defendant from time
TO time and Immediately thereafter
the date of the last item mentioned
and set out in said bill of account and
particulars and that John w. Cathcart
did not within six months aft
erward dispute said account but, to
the contrary, admitted that said ac-
count was correct. true and Just"
Abandoning hopes Of collecting from
Cathcart in the usual form, the Ha-
waiian Star sold its claim to Mills. and
the District Court suit follows. In the
bill of particulars the indebtedness of
! Cathcart is enumerated as: "To an
nouncement. IS; 5000 Hawaiian circu-
lars, S12: 5000 English circulars, $40:
1000 cards, SO; 1000 Hawaiian circu-
lars, So: 1000 cards, SO. Total, SAG.
| Credit. 500
AS Exhibit A" is letter from Mills
| TO Cathcart, reading as follows:
Il request payment of the account
heretofore due and owing, by you, to
the Hawaiian star Newspaper Associ-
alton, Ltd, the amount of which-$46
you, on April 10. 1909, after applica-
ton made to you by me, made pay
ment of $50 thereupon.
"The balance due. $26, must be paid
at this office on or before D. m. of
| tomorrow"
Cathcart didn't pay up "on or be-
fore y. m. of tomorrow" and the
Past Due Agency is trying to accom-
plish by means of the courts what the
Hawaiian Star Newspaper Association,
Ltd, failed to accomplish after six
months of consistent effort.
Refuses to Pay.
The full text of the interesting dec
laration against Cathcart is as fol-
lows:
Harry T. Mills, plaintiff in the &C.
tion 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
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
/ rails and neglects, and that, subse-
quent to the payment, by defendant,
of the sum of $40, paid on account of
the whole Indebtedness of s46-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 500. the said demand
being in writing, a 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,
u
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
Association. Ltd, for valuable con.
sideration, sold, assigned, transferred
| and set over to Harry II. 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 said
John w. Cathcart defendant herein),
and as herein described, and that
Harry T. Mills, said plaintiff, is the
| owner and holder thereof;
That, because of the premises.
plaintif says that this defendant is
indebted to him in the sum of $26, and
for which sum of $26. together with