Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-08-06
SMOKE BALLS TO CURE GRIP.
How a Woman Won $500 Damages From a,
English Company.


A decision is reported by the London Times
from the court of queens bench which should
overwhelm the souls OF many astute Americans
with remorse at the thought of neglected op-
portunlties. and which may well transfer the
palm in the art of making money from New 10
Old England. certain firm or company pub
hshed an advertisement which offered to give
flOO to any one who should have the influenza
after buying and using one of the company's
smoke balls according to the printed dIrec-
tons supplied with the ball three times daily
FOR two weeks. On the faith OF this advertise
ment lady bought one of these balls and used
1t, as directed, from November 20 till January
~, 1892, when she was attacked by influenza.
Thereuron her husband wrote to the smoke
ball company stating what had occurred. and
In reply received a printed circular which con-
tained proviso that any person who proposed
to compete for the f100 must come to the COM
pany's Office three times a day and use the
smoke ball under its supervision This circular.
however. was treated by the aggrieved patient,
and subsequently, by the court, as ex post facto,
and she brought her action for f100 against the
advertising com, any. The defendants pleaded
that there was no contract; that if there was it
was not stamped and could not be sued on; that
1t was wagering contract, and therefore void,
and that 1t was a contract OF insurance which
was prohibited by statute. But the court held
that there was a contract, for there a con-
sideration received by the company in the price
the daily use Of the article sufficient to sup
port the promise Of remuneration. The de
PENDANTS had not only issued the advert .ment
but had stated as Showing their sincerity in
the matter" that they had deposited Fl. 10 In
bank, which the court held must be taken as
meaning that they were prepared to pay. The
contract was also held not to require stamp,
nor to be wagering contract, nor
such an insurance contract as was
regulated by statute. The circular
requiring attendance at the company's offc 9
was proved not to have been brought to the
plaintiff attention till after her cause Of ac-
ton had accrued, and she proved that she
had duly used the smoke ball she had Judgment
for ElO0, with costs, which in modern English
practice ore Of dreadful magnitude.
The comments Of the court upon advertise
ments Of this character, which are, perhaps, as
extensively prominent in this country as in
England, are very judicious. It observed:
ut may be that Of the many readers Of the
advertisement very few of the sensible ones
would have entertained expectations that in the
event Of the smoke ball failing to act as pre-
ventive against the disease the defendants had
any real intention to fulfill their attractive and
alluring promise; but it must be remembered
that such advertisements do not appeal 90
much to the wise and thoughtful rs to the cred
ulous and weak portions of the community, and
II the vender Of an article, whether it be medi-
cine, smoke or anything else, with view to in
crease its sale or use, thinks at to promise to
all who buy or use 1t that to those who shall not
ind 1t a. surely eficacious ~ II 10 represented
BY him to be he will pay substantial sum Of
money he must not be surprised II occasionally
he II held to his promise"
Al It II notorious that the proprietors Of pat
snt and s'qusck'' medicines accumulate great
wealth, it would seem that Q field OF profitable
exploitation was open to the speculative attor-
neys In this country, for the law here upon such
. point - was involved In this case can hardly
Be different from what 1t il in England. Al
judgments recovered BY them under similar
conditions viii Be - Welcome 10 the public II
large - to their deluded clients and few such
Judgments would greatly raise the standard Of
veraGity end dsosoey IN remedial" advertising.