Decision was reserved yesterday by Municipal Court Justice Harold P. Kunstler after hearing a motion brought by Sadye Werner, doing business under the name Utility Products Company, 16 Warren street, against Jonas Haies, plumber, 2414 East Twenty-fourth street, Brooklyn, because Haies had returned goods which he had bought from her when he discovered the material was marked “Made in Germany.”
Haies, who was represented by Mitchell Salem Fisher, of the law offices of Samuel Untermyer, 30 Pine street, declared that he had bought the merchandise, which consisted of about $120 worth of washtub hinges, without knowing that they were of German origin. He asserted that the Utility Products Company intended to give the impression the hinges were of domestic origin by referring to them as “our stock.” Although the order was given in November, he maintained, he did not realize the goods was of German make until customers began returning it, since only the hinges themselves were marked with German labels, while the bags containing them were of American make.
The purchaser of the product had thereupon returned whatever goods were of German make until worth, which had already been sold. Utility Products Company brought suit for this rescinding of the original order, and demanded full payment.
Justice Kunster’s decision is expected to be made within a week.