The Edison phonograph monthly (Jan-Dec 1912)

12 Edison Phonograph Monthly, Feb., 1912 bOne "Stroke of Business" _^that Didn't Pan Out. The following is an extract from the December 2, 1911, issue of the "Old Colonial Memorial," a local paper published in Plymouth, Mass. "May Interfere with Sale. "Herbert H. Berry attempted a little stroke of business this week, and after he had the goods other parties made an interlerence with his sale, and according to Mr. Berry's ideas, may attempt placing an injunction on his selling them as he intended. At the sale of the stock of the store of the late H. E. Washburn, he purchased all of the Edison Phonograph records, and proposed to dispose of them at a figure less than tne regular established price. vVednesday morning a stranger appeared and bought three records, and was said to have come from some branch office of the record makers, to make an investigation. After buying the records he went out to make an affidavit of the transaction, and what his plans after that were have not been made public. Phonograph and talking machine owners will recall that there is something in the way of a regulation, printed on the back of the disc records, and elsewhere on the cylinder ones concerning the price at which they are to be sold, and at that figure only, and the move on Mr. Berry's speculation was based on this." That the "Old Colonial Memorial" was inspired in the above prophecy, is apparent from the following injunction which has been obtained by Thomas A. Edison, Incorporated, against Mr. Herbert H. Berry and Mr. Charles Moning, who was associated with him in the transaction. UNITED STATES OF AMERICA. Massachusetts District, ss. THE PRESIDENT OF THE UNITED STATES OF AMERICA, To Herbert H. Berry and Charles Mooney, both citizens and inhabitants of the State of Illinois, and having a regular and established joint place of business in the Town of Plymouth, County of Plymouth and State of Massachusetts, within this District, Your Agents and Servants, GREETING: WHEREAS', New Jersey Patent Company, a corporation created, organized and existing under and by virtue of the laws of the State of Mew Jersey, and having its principal office at West Orange, County of Essex, in said State, and a citizen of the State of New Jersey, and Thomas A. Edison, Incorporated, a corporation created, organized and existing under and by virtue of the laws of the State of New Jersey, and having its principal office at West Orange, County of Essex, in said State, and a citizen of the State of Mew Jersey, have exhibited their bill of Complaint before the Justices of our Circuit Court of the United States for the First Circuit begun and holden in Bosston, within and for the District of Massachusetts on the third Tuesday of October, A. D. 1911, against you the said Herbert H. Berry and Charles Mooney, praying to be relieved touching the matters therein complained of, and whereas, by order of said Court made on the twelfth day of December, A. D. 1911, it was ordered that a Restraining order issue under the seal of the said Court, to restrain you and each and every of you, from doing all the matters and things from t-.e d^ing of which you are prayed to be restrained in baid Bill, according in full with the prayer of said Bill. We, therefore, in consideration thereof, ENJOIN AND COiVlMAND you each, and every of you that from and immediately after the receipt and notice of this our Writ, by you, or any of you, you shall not directly or indirectly use, or cause to be used, or sell, or cause to be sold, or offer for sale, apparatus, ariicles or devices embodying the invention and improvements set forth and claimed in Betters Patent of the United States No. 782,375, dated February 14, 1905, and granted to the New Jersey Patent Company, until the motion for injunction can be heard and decided by the court. Wherefore you are not to fail on pain of ten thousand dollars, to be levied on your and each of your goods, chattels, lands and tenements, to our use. WITNESS the Honorable EDWARD D. WHITE, Chief Justice of the United States, at Boston, this twelfth day of December, in the year of our Eord one thousand nine hundred and eleven. A true copy: Attest: Charles K. Darling, Clerk U. S. District Court, District of Massachusetts. United States of America, /„. MASSACHUSETTS DISTRICT, |ss Boston, December 13th, 1911. I HEREBY CERTIFY that I have notified the defendants, Charles Moning, described in the within precept as Charles Mooney, at 11:05 o'clock A. M., and Herbert H. Berry at 11:20 o'clock A. M., both at Plymouth, in said District, by delivering to them each in hand an attested copy of this precept. GUY MURCHIE, U. S. Marshal. By James A. Tighe, Deputy. Fees— Service $4.00 Travel 2.22 CHAREES K. DARLING, Clerk. $6.22 A true copy: Attest: Charles K. Darling Clerk U. S. District oi District Court, Massachusetts. There are times when the pun, much abused and poverty stricken and aged as it generally is, seems to justify its appearance. One day, when Mr. Potter was trying to read a romantic story to his matter-of-fact wife, he had recourse to a pun to save his temper, " 'And so the evening wore on,' " read Mr. Potter, " 'and ' " "What did it wear?" inquired his wife, in her direst tone. "My dear," said Mr. Potter, after scarcely perceptible hesitation, "if you must know, it was the close of an autumn day." Watch the papers for Irene Franklin's itinerary. When she comes your way, make a noise to the effect that she is also singing in your store — by request.