posted 10-16-2009 04:24 PM            

"Quadruple Plate" Being Discussed in the Dominion Courts

Toronto. Can., July I.—On June 28 Timothy Eaton, of the T. Eaton Co., Ltd., was charged before Police Magistrate Denison with defrauding Edward M. Trowern. secretary of the Retail Merchants' Association, in the purchase of silver ware. Mr. Trowern. formerly a jeweler, purchased through an agent on June II a silver plated tea set which was advertised among the bargains as a best quality silver plated tea set. handsomely engraved, quadruple plate, regular price $12, reduced to $6. The saleswoman told the purchaser it was the best quadruple plate.

Mr. Trowern examined the set and found it to be stamped "Boston Silver Plate Co. 4 plates. Best hard white metal." He submitted it to another expert, James Cowing, foreman of the Toronto Silver Plate Co. One of the pieces was stripped and it was found that the value of the silver actually used on the four pieces of the set would amount to about eight cents. Instead of being hard it is soft metal. Mr. Cowing reporting the outside value of the set to be $3. It is claimed there is no such firm known as the "Boston Silver Plate Co.." and the goods were manufactured specially for the department store trade by the Standard Silver Plate Co.. of Toronto.

W. R. Cavell appeared as counsel for the prosecution and J. J. McLaren for the defence. The case was adjourned by mutual consent until July 7. It has created great interest in mercantile circles, though owing to Eaton Co.'s advertising influence the facts have been suppressed in the leading newspapers. Manufacturers are anxious to have the case pushed.

posted 10-16-2009 04:37 PM            

The T. Eaton Co. Found Guilty by a Jury of Unlawfully Selling Poor Silver Plated Ware.

Toronto, Can., Dec. 17. The charge of fraud against the Timothy Eaton Co., which has been postponed from time to time, came up for trial on the 13th inst. before Judge McDougall at the Court of General Sessions. There were four counts of the indictment against the defendants, three of which charged intent to defraud, the fourth count reading as follows:

"That at the city of Toronto, on the 1oth and 11th days of June, 1898, the T. Eaton Co. unlawfully did sell and unlawfully did expose for sale and unlawfully did have in the possession of the said company for sale, certain goods, to wit: Certain pieces of silver plated ware to which and to each of which a false trade description, to wit, the words or marks 'Quadruple Plate," had been applied contrary to the commercial code."

Crown Attorney Dewart appeared for the prosecution, W. R. Cavell represented the Retail Merchants' Association, and J. J. McLaren was counsel for the defence.

Joseph Davis, retail jeweler, of Toronto, testified that the goods offered for sale by the defendants were never sold to the regular jewelry trade as "quadruple plate." The stamps were simply placed upon them for conveying a wrong impression to buyers. They were not quadruple plate in the sense the term was employed by the trade, but an altogether inferior class of goods.

E. M. Trowern, a practical jeweler and secretary of the Retail Merchants' Association, stated that he had been 28 years in the trade. The goods sold by the defendants were not quadruple plate and were not the class of articles sold to the trade under that designation.

J. W. Cowling, foreman of the Toronto Silver Plate Co., said he had stripped the alleged "quadruple plate" goods sold by the Eaton Co. and found a very poor light plate on them. One of the pieces stripped, a cream jug, yielded silver to the value of 1 1/2 cents. It was the cheapest plate which could possibly be put on any article.

Robert Eaton, manager of the silver ware department for the T. Eaton Co., said he knew nothing about the silver ware business until he came there. He thought they were good articles but did not know, as he had no practical knowledge of the trade. He simply sold them according to the stamps.

Three expert platers from different parts of the country were called on to give evidence as to the quality of the goods. They all admitted under cross-examination that the articles were of a quality so inferior that they would not put their names upon a similar grade of goods.

Crown Attorney Dewart spoke for upwards of an hour. He urged that the case had clearly been made out and that corporations must be held amenable to the law the same as individuals. The prosecution was doing the country a benefit by exposing such dishonest methods of doing business. He scored the bargain system and the deceptive advertising methods resorted to by some departmental stores.

J J. McLaren, in reply, raised a number cf technical points which he contended were sufficient to secure the acquittal of his clients.