Triple J Five Star sues Dynasty owner for failing to pay $34,426 in goods
Tag: District Court, HKE, Superior Court
Triple J Five Star Wholesale Foods Inc. is suing the owner of Tinian Dynasty Hotel & Casino for allegedly refusing to pay 15 purchases of goods worth $34,426.83 in August 2015.
Triple J, through counsel James R. Stump, is suing Hong Kong Entertainment (Overseas) Investment Ltd., for 15 counts of breach of contract.
Triple J asked the Superior Court to hold Hong Kong Entertainment liable to pay a total of $38,762.97, including late fees.
Triple J also requested the court to hold Hong Kong Entertainment (HKE) liable to pay the company in attorney’s fees and court costs.
Stump stated in the complaint filed last week that during August 2015, HKE established a contract for sale for 15 purchases of goods from Triple J on Aug. 12 to 20, 2015 that ranged in total value from $104 to $13,120.54 that in total equaled $34,426.83.
Stump said Triple J has sent monthly statement of account demands for payment on the contract to HKE with respect to 15 transactions, but HKE never responded.
Of 15 purchases, HKE allegedly only made one payment. In that one transaction that involves $4,505.28, HKE, however, did not pay all the amount due, leaving a balance of $2,021.26.
Stump said when the buyer of goods fails to pay price when it becomes due, the seller may recover price of accepted goods together with any incidental damages.
In January 2016, the U.S. District Court for the NMI Bankruptcy Division granted the U.S. Trustee’s motion to dismiss the bankruptcy petition filed by HKE.
According to court records, HKE values itself at $55 million, but its secured debts alone exceed $194 million, and unsecured debts total over $78 million.