Connecticut western news., 1919-10-09
UNDERTAKER BOUGHT
 BOOKS AND IS SUED
WisLed to Return Them, But Agent Started Legal
 Action

George c. Scoville, who is an undertaken in Norfolk, on Septem- Der 2, 1914, attached his name to . certain writing which was the means of getting him into the court in Nor folk before Justice Augustus P. Cur tiss, then into the court of common pleas of Litchfeld county, and Tues day because of the same signature he was before the supreme court. The contract to which MT. Scoville's name was attached was entered into with by J. J. Swift, as the agent of Her bert Cecil Lewis, of Washington, D. C., alleged to be doing business there as the Army and Navy Magazine" !" In the justices court, Judgment was directed for Scoville. Lewis appealed to the court of common pleas, where on the defendants motion Lewis was non-suited and he appealed to the supreme court, and all of the testi- mony in the courts below forms part of the record in the supreme court. ......s
 Scoville signed a contract for the purchase of one set of the Messages and Papers of the President" at the price of $59.50 for the set, and he paid on account of his contract $5 by check drawn on the Canaan National Bank. Subsequently, Scoville de- cided he did not want the books and he addressed a communication to the Army and Navy Magazine" asking that the order be cancelled. He re- turned the receipt given him for the $5 payment and he asked that the $5 be returned instead of the money, however, he got the lawsuit.
 Nothing About Embalming
 By way of answer to the complaint Scoville pleaded that the agent rep resented to him that by signing his name tothe order he did not bind himself liable, and that he would not have to accept the books until he had a chance to examine them, and that if he did not desire to take the books, they could he returned at the expense of the plaintiff, and the money which he paid would be returned to him. Swift it was alleged made other statements as to the books and one of these itwas recited, was that he rep7, resented that the books contained the statutory requirements of the different states as to embalming and that this information would prove of great benefit to MT. Scoville in his business as an undertaken. This statement was false, Scoville says, and he says Swift knew it to be false at the time he made it, and it was made, he said for the purpose of defrauding him.
 When the case was taken up in the court of common pleas and after the testimony on the part of the plain tiffs was submitted, the lawyer for the defendant moved for a judgment in non-suit. He argued there had been no proof offered to show the existence of the "Army and Navy Magazine, and that there was no proof to show that such a person as Herbert Cecil Lewis, named as the plaintiff, was even in existence. It was further argued thara was no evil tlcnce tc show a delivery of books e MT. Scoville. All tbere was, it was argued, was the testimony of an Adams Express employee that he went to Scoville's with a box, but there was no proof of what was .in the box. Judge James P. Woodruff on the bench granted the motion fer a judgment in non-suit on the ground there was no proof of the exist ance of Herbert Cecil Lewis or of the existence of the "Army and Navy Magazine" The question for the supreme court is whether the dis closures of the record, Justified the non-suiting of the plaintiff. W. G. Manchester appeared for Lewis and J Clinton RnrahSck for Scoviue