The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1895-03-02
A TOY IN COURT.
ARGUMENT IN AN INTERESTING
CASE IN CHANCERY.
Suit Against the Estate of Charles A.,
Cooper, Deceased. Judge Stump
Hears the Testimony.

Argument in the chancery ease of Howard
Body vs.. Charles A. Cooper, infant son of
Charles A. Cooper decease t. was concluded
before Judge Frederick Stump on Monday.
The case is one of particular interest being
the out come of a business venture in which
Charles A. Cooper, deceased. engaged In
Philadelphia shortly after leaving Cecil
county, and in which it is claimed he lost up-
wards OF 510.000.O0
1t appears that Charles A. Cooper. after dis
posing of certain property in this county
including Gilpin's Rocks farm where he re-
sided-removed his family to Philadelphia
Mr.. Cooper was reputed to be worth about
e25 900
In 1889. he saw an advertisement in the
Philadelphia Ledger in which party having
the selling agency for patent toy desired
partner to engage in the business of
placing it on the market their territory
being the United States. Mr. Cooper
answered the advertisement place
Of business being s12 Walnut Street.
The advertiser was certain William H
Weston Mr.. Weston stated to Mr.. Cooper
that his business was to place on the market
novelty toy or device for teaching chill
dren spelling, and that he had the territorial
right for the entire United States. A model
OF the toy shows it to be on the style OF a
cash register. You strike letters to form
certain words and as the letters are struck.
they fly up in line, and the word there
appears before the child. The device also
has roll displaying pictures Of various OBJ
ierts which is wound and unwound The
object was for the child to turn to the picture
OF dog for instance-then spell dog on the
machine Mr.. Weston offered Mr.. Cooper a
hall interest in his territorial right to the
patent for $1,000. which offer was accepted.
The manufacturer and patentee Of the toy
was Howard Bodey, whose factory was lora-
ted at 427 Locust street
In 1891. Cooper in connection with Weston
and a Mr.. Kent organized the kindergarten
Novelty Company Limited paid up capital Of
100000 and bought the Locust street plant
from Boedy
1t is claimed that Mr.. Cooper paid all
the capital III cash and notes with the
exception of 1900 held by Mr. Kent, and that
he further put into the concern about $500.
Mr.. Cooper died in March, 1891. at which
time the business seems to haze die, ont
completely. The accounts or the firm show
that only S3ls dozens of the toy were manu-
featured at ~ per dozen. which would make
the total receipts !66S.
Now Bodey seeks to recover from Cooper's
estate the amount of S2l6O yet due on the
purchase and Sl7S3 for the lease of the Walnut
Street premises, which with interest amounts
in all to over $4,000.
The plant was sold at sherifl's sale and was
bought by Bodey for 1899
VIM. $. Evans, ESD, is counsel for the widow
Mrs. Cooper and son Charles A. Cooper, heirs
Of Charles A. Cooper, deceased. The defense
claims that Cooper was defrauded and led
into business transaction by Weston, who
had been engaged in business with Bodey for
some years, and that the amount paid Bodey
for the plant was fabulous and out of all
reason. Previous to Cooper's venture others
had lost in the enterprise and it is argued
that both Bodey and Weston knew it to be a
losing venture when they enticed Cooper into
it, knowing him to have considerable money.
II. NJ Mccullough, Esq., is counsel for
Bodey. The plaintiff claims that when the
kindergarten Novelty Company. Limited.
was organized, the capital stock was not paid
up for 100000. and that Cooper contributed
1850 in cash and s1036 in property. his sub
scriptlon being $4,000. Having failed to COM
ply with the act OF assembly OF Pennsylvania,
by representing his contribution in the certih
cate of incorporation according to the fact.
his personal estate is liable for the debts of
the corporation, his partners Weston and
Kent being insoIvent. Plaintiff claims that
Cooper lost in all not more than 5000.
The plaintilr further claims that Cooper
was interested in other enterprises OF a specu-
lative nature through which he lost money.
The evidence shows that the kindergarten
Novelty Company Limited, was losing
enterprise from the start