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Alice Person, Banny's Book, ed. by Louise Stephenson, 1971

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Chapter IX Navigate This Item Chapter XI

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CHAPTER X


PARTNER NO. 2


When I was in Tarboro in January, '85, Mr. E. B. Hodges made me a proposition of Partnership, on the same basis of my Charlotte contract, which I, unhesitatingly, declined. The sales had grown and the demand increased so steadily and rapidly, that he became almost demoralized on the subject of the Remedy. He saw as many castles as I had ever seen and dreamed as many dreams. His enthusiasm knew no bounds. He asked me upon what terms I would take him in as a co-equal partner, and I told him, which he declined. After remarking to a citizen of the plan, that I was the biggest fool he had ever met to suppose for a moment that he would accept any such proposition, when I was in Charlotte, in March, he wrote me he would accept my terms.


The time had nearly expired that I had promised to work for my Charlotte partner, and as this Tarboro outlook was the best that presented itself then, I accepted the situation, and formed a co-partnership with him under the name of The Mrs. Joe Person Remedy Co. Mr. Hodges was to put in two thousand dollars in cash, and be the business manager of the concern. The Company was to pay me one hundred dollars a month and expenses, for my services, and we were to divide equally the profits. In consideration of this I was to transfer to him a half interest in my Trademark. He came to Charlotte on the 31st day of March, as he wanted it clinched beyond all hope of recall.


As my Chivalrous defender, Col. T. C. Fuller had my Davidson case in hand, I would not agree for anyone else to write the contract. So together we went to Raleigh.


We explained to Col. Fuller our business and I told him I had a great deal of trouble with my last partnership, and unless I could make a solid and good contract I did not want any. I told him that Mr. Hodges was a minor. I told him how near I came to losing my Trademark in Charlotte, and that I wanted it protected this time so that I could not lose it. Col. Fuller talked with Mr. Hodges, and found that in all things Mr. Hodges acted for the Company in his firm, the Company being his father. He told Col. Fuller that his father had given him absolute power of attorney, to manage his money and business.


Col. Fuller said that recognized him a man in law, and any


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contract made by him would be valid.


I was satisfied and signed the contract.


I then returned to Charlotte to wind up my business, which I soon did.


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Oh, the sadness of that last leave-taking of Charlotte! I could not control my feelings and would give vent to them at every sad "Goodbye" given me. It is a terrible thing to leave friends, tried and true, to go among strangers to find - who knows what?


To leave CHARLOTTE to go to Tarboro! What a transition!


How little did I dream then all that it meant!


In April, 1885, I moved to Tarboro, and the first I did was to have my contract with Mr. Hodges recorded in the Clerk's Office.


A few days after that I was reading the contract over and my consternation was great when I found that not one word had been inserted in the contract to protect my Trademark. My partner had the same power to involve it that my first partner had, and, by one of those inadvertancies we cannot account for or explain, I had read it over and signed it, without noticing the omission. I went to my room, copied the contract exactly as it had been written by Col. Fuller, but inserted this additional clause:


AND IT IS HEREBY AGREED BETWEEN. E B. HODGES AND .MRS.

JOE PERSON THAT HER TRADEMARK SHALL NOT BE HELD LIABLE

FOR AND DEBTS THAT MAY BE CONTRACTED BY E. B. HODGES IN THE MANAGEMENT OF THE MRS. JOE PERSON REMEDY COMPANY.


I carried this second contract to Mr. Hodges, told him of my oversight and asked him to sign it. He positively, refused to do so.


I told him, as it stood, I was completely, in his power. He said he couldn't help that, he had gone to my own lawyer, I had read it over and signed it, the contract had been recorded and the transaction was final. Feeling the helplessness of my position, I determined to abide my time and "watch" as well as "pray".


The following Monday, Mr. Hodges and I went to Baltimore to buy supplies for the Laboratory.


Under a contract to put in two thousand dollars only, he bought at one stroke ten barrels of Alcohol, for which he paid over one thousand dollars, with all material necessary for putting up ten thousand bottles of Remedy!


I begged him to go slow I told him it was so much better to


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begin small and work up big. No, the money was his, he knew what he was doing and he was the business manager of the Co.


What could I do? I saw that his first move brought the Company in debt to him, that my Trademark was again in danger and I trembled and was afraid.


SELF PRESERVATION IS THE FIRST LAW OF NATURE.


In the course of time the materials for putting up the ten thousand bottles of Remedy began to come in. The ten barrels of Alcohol had come, the vegetable ingredients were there, ten thousand bottled with our name blown in them were on the way, ten thousand cartons were in press!


Mr. Hodges came into the Hotel one morning, jubilant and exultant; and said, "Well, Mrs. Person, the Alcohol and ingredients are here, come on and, let's go down to the Laboratory and start things to work. We have got everything in readiness to start this morning."


I went to my room and got the contract I had written. I carried it to Mr. Hodges and asked him to sign it. He said, "Mrs. Person, I will not sign that contract. I have told you so before and I positively refuse".


"Then," said I, "I positively refuse to strike one lick of work in the Remedy. If you will not sign this contract, protecting my Trademark, I shall not go near the Laboratory. I will not put up a bottle or have anything whatever to do with it.''


His face blanched to the pallor so well known by those who know him, and he said, "You do not mean that, surely".


I told him I meant every word of it, that unless he signed the contract that I wrote, I would have nothing to do with any of it.


He signed it. I had it recorded, so there are now two contracts recorded in Edgecombe County, one the contract written by Col. Fuller, and one written by me, identical with the first, except the addition of one little clause, protecting my Trademark, and making it impossible for my partner to engineer it from me.


Experience is a dear teacher, but it is certainly a good one. I then went to work with a will, but from this time, my partner never had the same interest in the work. He had put so much money into the stock that he had none left to push the business, and it was uphill work altogether. Mr. Hodges had employed Mr. Murphy Dodd of Fayetteville, and Mr. Ben Hardy, so well and favorably known in North Carolina, both loyal men, honest and true, to travel and sell the Remedy.


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Sales were good, and I was, even now, hopeful of the success of my second partnership business, but I soon found that Tarboro lacked a great deal of being Charlotte.


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Citation: Person, Alice. “Banny’s Book.” Edited and compiled by Louise Stephenson. Raleigh, 1971 (typescript of “The Chivalry of Man, As Exemplified in the Life of Mrs. Joe Person,” [1890?]).
Location: Music Special Collections, Music Library, East Carolina University, Greenville, NC 27858 USA
Call Number:ML410.P317 A3 1971   Display Catalog Record
 

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