PATENT SCALES.

Press, Volume LV, Issue 16436, 1 February 1919, Page 6

PATENT SCALES.

CLAIM fOR PAYMENT

INTERESTING COURT CASE

The hearing of the claims of George William Bousche (Mr 0. T. J. vipers), trading as the Micrometer Scales Company. against the Supply Stores. Ltd., for £S0 2s, William Tuck for £75 13s. H. At. Hawkins for £3*2 3s 6d, J. H. Bhick well for £59 Ss, the Papanui Stores Company, Ltd.. for £33, and H. B. Low. Unlimited, for £33, was continued in the Magistrate's Court before Mr S. K. McCarthy, S.M., yesterday. The hearing of evidence in the case of the Supply Stores, who were represented by Messrs Flesher and Dougall, was proceeded with. In cross-examination by Mr Dougall, plaintiff stated that he told purchasers of his scales that they -would be identical rtith the ones he demonstrated with, with the exception of the 201b scale, which was larger. The Farmers' Co-op. Association and Kincaid's had objected to the scales aftxjr they had used them for a time, but they had notdefaulted iu payment, and, so far as be was aware, still used them. Witness gave a demonstration of how it was possible to manipulate a certain pair of scales so that they would record an overweight, and claimed that his machines would :Jlow of no such thing. He undertook to give a demonstration in the Court with the scales used by the Sydenham Supply Stores. ilr Dougall commented that it was peculiar that the possessors themselves were unable to do it. Witness continued that he was going fc submit his scales to the Loudon Board of Trade this year, aud he was confident of the result. He had sold his scales for the past 14 years in Australia -ind South Africa. He had spoken to the Hon. G W. Russell about netting Government approval for his scale.?, but had not pressed him; that gentleman uas not the sort who would be pressed. He had not, he_said, on any occasion told an intending j<urchaser that his scales had Government approval. He admitted endeavouring to acquire rn interest in a local Scales Company, as his supplies from America were affected by war conditions. He could not understand how anyone could credit him with a statement such as "Oil, you need not think J am giving the same machine as t am demonstrating with. That machine took two years to build, while the machine I am selling i« turned out by the thousand.'' Ho had plainly represented himself as the proprietor of the Micrometer Scales Company. To Mr Alport, witness claimed that his machines would record the weight of a postage stamp. Alfred 0. Franklin, scale and weighbridge expert, said he was retained by plaintiff to do his expert work for him. The sample machine (produced) was the same as many he had often had in his custody. In his opinion the micrometer scales were more sensitive and far superior to other scales of the same class. Witness stated how the micrometer scale could not be readjusted without taking out vital parts after the Government stamp had been affixed to it. .lie. however, alleged tha.t another brand of ijiachine could be easily readjusted l>y a dishonest trader. Tho " hole burden of the Supply Stores complaint was that the scales sold them did not show the saving the sample machine had shown. Xo reference ' "was made to witness hv any purchasers of the machine as to its haviug the approval of the Government. In spite of the state of the law the inspectors of weights and' measures did exercise their discretion in what they stamped; He knew of several instances where tho inspectors had refused to stamp scales. To Mr Dougall: Ho attributed the wrong weighing of the old scales in the Supply Stores to want of attention to the scales, thus allowing it to get out of order. The dnly complaints against I the micrometer scales came from Christchurch, and not by any means from all the Christehurch. purchasers. This closed plaintiff's case. Before opening the case for the defendants. Mr Dougall raised the point that plaintiff could sue only in his own name, and applied to have the words, "trading under the style of the Micrometer Scales Company," removed. Mr Alpers contended that the words ■were merely si. description. The Magistrate reserved decision upon the point. Outlining the case for the defence, Mr Flesher held that in any event plaintiff could not recover, for the reason that he represented himself as an agent, and made the contract with the defendant firms in the name of a principal. Mr Owen would tell the Court that Bousche gave demonstrations on the scales, making tests weighing various articles. The results showed thnt

the scales Mere giving overweight, of one ounce in the pound. Bouschc had made a. great deal of Government approval of the scales, ha/1 guaranteed that the scales were perfectly accurate, and had stressed the point that the scales would weigh quickly. He stated that the 20!b machine was identical iii all respects with the olb machine. A\ hen the machine was found to be not

up to sample, correspondence. passe< between defendant and Bousche, ant eventually Franklin was sent down t( discuss matters. The. machine iva: then further tested, and defendant agreed to give it- a further trial. Ernest Frederick Owen, managing director of the Sydenham Supph Stores, gave evidence regarding the testing of the machine, and his interviews with plaintiff. The scales wort not up lo standard, were unsuitable foi counter use. and gave over-weight. To Mr. Alpors: Witness knew that weighing-machines had to have the Government stamp on them. Some time after his last interview with Bouschc he heard that- the Government meditated legislating against these machines. Bousche may have used the words, ''The machines have the approval of tlio Weights and Measures Department, and will bear the Government stamp,"' but Bouschc also said that the scales liad Government approval. To Mr Flesher: Witness was quite sure plaintiff had s.tid that the machine had the approval of the Government. Dr. Clifton Coleridge i arr, of Physics at Canterbury College, said that he had tested the type of scales against two other scalcs of different makers. Sensitiveness and accuracy ■were two different things. He found the micrometer scales an exceedingly sensitive scale. It was about eight times as sensitive as the other two standard scales he tested, and he also found that the micrometer scale was an exceedingly accurate type of scale. In actual figures the mea.ii error was about half of that of the other scales he tested. In the case of the micrometer scale the errors obtained amounted to about l-14th of an ounce, but accuracy was not everything with a commercial | scale. It took him fivg seconds in the case of the two other scales to measurean unknown weight, whereas in tLe case of the micrometer test it took 40 seconds in the first case, 50 in the second, and 75 in the third. It took ! six minutes for the scale to come to rest when it was not assisted to come to a standstill. The micrometer was. an admirable scale of its type, biit un- { suitable for a grocer's shop, as it was j too sensitive. i An adjournment was then made until Monday oa which day it will be the first defended case taken. I - I

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