The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-08-15
MERoANrILE MISREPRESENTATION.

MERCANTILE MISREPRESENTATION.
Judge Chapman, of Detroit, has made a re-
markable ruling in the grand jury case against
John Fink, who sold recipe to a certain
company on the recommendation that itwould
save 40 per cent. in the cost Of oil used, and
further, that he could furnish certificate.
from Philadelphia firm to that effect. The
recipe was bought with this understanding
and the firm at once wrote to the Philadel-
phia parties asking concerning the lubricant
and received in reply the information that
they not only did not know anything about
1t. but had never heard Of John Fink. The
purchasers thought they had good cause for
further, because the lubricator not only did
not save oil but did not work at all. The
matter was brought to the attention of the
grand jury, and an indictment was found
against him. When the case came to trial
the indictment was quashed by Judge Chip
man, on the remarkable ground that to sell
an article by means of a lie did not, under the
statutes, constitute false pretenses, inasmuch
AS exorbitant claims are being made for
goods by merchants every day, and the truth
or falsity of the statement that Fink
had certificate from the Phila-
delphia firm in no way affected the
quality of the lubricator; that the only ground
on which charge of false pretenses could be
brought against Fink was that he positively
knew that the mixture would not save 40 per
cent of oil, as he represented, or that he was
entirely without knowledge that it would
This is a very loose ruling, as will appear to
all who have occasion i'll the course of business
= to Take the word of the dealer in commodities
that the dealer may be presumed to know the
quality Of The Judge is very much mistaken
If he thinks he states the truth when he says
that extravagant representation is the rule of
the day in business transactions 1t is quite
certain that there has been a steady improve
during the past few years. and now it is rare
indeed that any reputable dealer will misrep-
resent the quality of the articles he has to
sell. A man might prepare mixture of
sorghum molasses and blue clay, and sell it as
new kind Of lubricator, according to the
ruling of Judge Chapman, and unless it be
technically established that he did not actually
know that it was not what he claimed for it
he could go on selling it to all he could de-
ceive into buying. Nor could any action be
taken to recover money invested, nor would
false pretenses stand against him.
Judge Chapman should know that the day
Of extravagant representations is of the past
There are claims made for goods that are not
always realized by the purchaser, but, as a
rule, the reputable dealer so treats his Gus
toners that there is no cause for complaint
and the patronage of the same is kept through
years. The indianapolis public knows hun
dreds of stores where the word given by those
In charge can be accepted with implicit conf
dence in the assurance that the articles are
just as represented. 1t would be a sorry day
IL any of the dry goods merchants of this city
could sell rabbit-fur mantle for one of seal
skin, and the courts to hold that the purchaser
could not recover the money so paid. 1t is
said of the late Alexander r. Stewart that he
built up his immense trade and established
his fortune by instantly discharging any clerk
who misrepresented an article in the slight
est particular in order to make SALE There
are hundreds of others just as conscientious
about their business, and the public knows it,
This is the kind of trade the courts should
hold up as the model for ALL and not to insult
all by declaring that deliberate misrepresenta-
tion is the rule. 1t is quite likely that Judge
Chapman has allowed his respect for technical
ities to cloud his judgment, fault common
to many otherwise fine lawyers. It is hardly
possible that he means what he is represented
as saying. Certain it is that few will take the
view he does of this very important question
Affecting the commercial welfare of the peo-
pie