Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-04-09
JURY VERDICT
AGAINST HUSSEY
co. IN SCALE CASE

A verdict OF $50 for the plaint,n
IN the case Of the Stimusor, Corr
putting Scale Company of Louisyiiia
iAentucky aga1nst the Hussey Hard,
800 company OF this city. was r..
~ early Tuesday, afternoon At
cupefsof tsCnrt.. The plaintiff
corporation in its writ asked for the
sum s;. OF $2W for goods sold and de-
A.sa Igey were represented by
law hrm OF Mclean. Foer and
SouthaA OF this city ana the Hus.
Fsey Hardware Company, by Attor-
hey Ralph Farris OF this CITY.
Snaries A. Overall. formerly of
rrortiand and now Of Boston, the
Mew England representative OF the
Stimpson Computing Scale Co. was
the only witness to be heard for the
Rbaintin. He declared that on the
<otn day OF February he contracted
Win the Hussey Hardware Co. to
shIp tnem by express from Portland
computing scale. This he did and
March. When he assembled r. st the
Hussey store he found that there
was an agate bearing broken and
toid MIR. Hussey that he could re-
place 1t. but thought that both Mr.
Hussey and himself would be better
pIeased II he had a new scale ship
pea from the factory in Kentucky.
This Mr.. Hussey agreed to and the
the scale was shipped by freight. He
nad q verbal agreement with Mr..
Hussey to notify him when the scale
him. '''
He went. to the Hussev store =,
May 6 or Z and Mr.. Hussev told him
that he did not have the second
scale. He then went to the freirht
ONCE In this city and found that the
f1ussey Hardware Company had taxi
en- the scale from the freight house
and afterward returned 1t. He de-
CARED that he had always stood
ready to fulfill his part of the con-
tract and that he had been ready 10
May. ''
Here Attorney Farris asked for a
non-suit on the grounds that it had
not been proven that the scale COM
pany was registered at the office of
secretary OF State to do business in
THIS state and that as 1t il a cor
poration formed in another state II
cannot recover in a suit brought in
TINS state. After a consultation be-
tween the Opposing counsel and
Judge Beanie the motion was over
ruled.
Edgar A. Hussey. manager OF the
Hussey Hardware Company was
then called by the defense. His tes-
t1mony was the same as that of Mr..
overall as far as the CONTRACT and
the. first scale were concerned. He
declared that Mr.. Overall agreed to
ship the second scale by express
from Portland and that instead the
scale was shipped from Kentucky by
freight. A long time elapsed and
about the first of May the second
scale arrived which he refused as he
had been Obliged to purchase an
other In the meantime. BY mistake
his truck driver signed for this scale
and took it to the store where the
mistake was discovered and the scale
was not removed from the truck he
believed. He at once notified the
freight office that they would not
accept the shipment.
Several letters were introduced by
both sides, in support of their con-
tention.
The plaintiff then called in rebuff
tai Elmer Wilder. cashier at the Au-
siista Freight office, who by refer
efice TO his hooks testified that the
shipment of the second scale arrived
on May /, the Hussey Hardware
Company was notified on May 2,
they took the shipment on May 3
and they returned 1t on May & or z.
The case went to the jury at II
o'clock Tuesday noon and a verdict
was returned about los that after
noon. Court was then adjourned
until 1O o'clock this morning out OF
respect to late Associate Justice
George NJ. Hanson, whose funeral
was held Tuesday afternoon.