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THE MUSIC TRADE REVIEW.
238
D
PARTNERSHIP—CONTRACTS—CONSTRUCTION.
The Supreme Court of Pennsylvania held, in
the recent case of the Waverly National Bank
According to the decision of the Appellate vs. Hall et al., reported in the supplement to
Court of Indiana, in the case of Crow vs. Carter the Legal Intelligencer of Philadelphia, that
et al., the signing of a contract not within the where a contract for the loan of money to a per-
statute of frauds, such as a subscription paper son about to embark in business in considera-
for a defined purpose, is but an evidence of its tion of a share of the profits was made in Penn-
acceptance as such contract, and the signature
is not essential to its validity ; that where the
signer agrees to the contract his signing it is a
a mere mechanical performance, and where his
name is signed in his presence, by his authority,
by the party for whose benefit the promise to
pay is made, he is bound.
STATUTE; OF FRAUDS—SIGNING CONTRACTS.
P. PRYIBIL,
555 to 567
CERTIFICATE OF DEPOSIT—CONSIDERATION.
In the case of Ballard vs. Barton, recently de-
cided by the Supreme Court of Vermont, it ap-
peared that the plaintiff presented for payment
a certificate of deposit of a bank which was in-
solvent, but which had money on hand sufficient
to pay the certificate ; that the bank officers re-
quested plaintiff to leave the money in the bank ;
that he did so in consideration of his receiving
another certificate, signed by defendant, in place
of that presented, and that it was not expressly
agreed how long plaintiff should forbear to ex-
ercise his right to cash this certificate, but that
he did so forbear for a reasonable time. The
court held that there was a consideration which
would support defendant's liability on the cer-
tificate of deposit signed by him.
INSURANCE—MEANING OF "MERCHANDISE."
West 41st Street, New York.
We refer to
all the princi-
pal Piano Mak-
ers in New York
and neighbor-
hood.
I
SPECIALLY ADAPTED FOR
Piano Manufacturers,
Action Machinery,
String Spinning Machines,
Shafting, Pulleys and Hangers.
ENTIRELY NEW PROCESS FOR
BORING PIANO PLATES.
sylvania. but the business was to be conducted
in New York, the question whether there was
under the contract a liability as partners as to
third persons was a matter connected with the
performance of the contract, and consequently to
be determined by the law of New York. In the
case before the court it appeared that the defend-
ants agreed to furnish to a third party, in con-
sideration of a share of profits, a certain sum of
money from time to time as he might need it,
to be used in business established by him, its
repayment to be secured by chattel mortgage,
with option to repay it before the expiration of
the full term for which he had the right to de-
mand it. The defendants were to have access to
the books, but no control of the business, and it
was expressly agreed that there was to be no part-
nership except as to the profits, with agreement to
arbitrate, also to continue business on death of
any party. The court held that under the deci-
sions of the New York courts the agreement did
not create a partnership as to third persons, but
that the relation was that of lender and borrow-
er. The court further held that in Pennsylvania
the contract would have been construed in the
same way.—Btadstreets,
Eben U/as pond of
SO HIS WIFE ASKED MRS. SHAW TO TEACH HER
"JEST HOW TO WHISTLE."
S
O many odd experiences are related of Mrs.
The term '' merchandise '' may be used to
Shaw, the pretty whistler of Europe and
designate property not intended for sale, accord-
America, that every time a new one is told, you
ing to the decision of the Supreme Judicial Court Ouri.Iacnine will bore twice as much as two of the best are moved to exclaim, in the language of the
of Maine in the case of Hartwell vs. California
men ; a boy runs it and works more uniform.
ruralist, " Do tell! " "What next ? "
Insurance Company. The case was one in
One time, when the charming siffleuse was
which insurance was issued to a house and
traveling through the country towns, giving
fresco painter on his paints, oils, varnish,
THE
exhibitions of her skill, there was brought to
brushes and '' such other merchandise '' in the
her room in the hotel where she was stopping,
second story of a building. The policy was
a card, bearing this simple inscription :
written by the agent of the company, who first
" Mrs. Ebenezer Hay."
examined the premises himself. The court held
"Show Mrs. Hay to my parlor," said Mrs.
that the phrase '' and such other merchandise ''
Shaw, '' and I will give her an interview.''
was used to describe such other articles of con-
"Now, Mrs. Hay, what can I do for you? "
venience or necessity as were used by the plain-
said she, as an honest-looking countrywoman
tiff in his business and had not already been
entered the room. "Will you not be seated?
specifically mentioned. The words, the court
We can talk better so. Is there any way I can
said, should not be construed in a narrow and
be of service to you ? ''
technical sense.
For a minute the countrywoman hesitated,
CORPORATION—SUBSCRIPTION—RECOVERY.
and then, throwing aside all reserve, she burst
out with :
The Supreme Court of Nebraska held, in the
"You see ma'am, the trouble is this. Me and
recent case of Hards vs. Platts Valley Improve-
Ebenezer is powerful fond of music. We could
ment Company, that where the subscription
listen to it all the time if we had a chance. But
contract of a proposed corporation fixes the cap-
jest now we ain 't got no musical instrument. And
ital stock at a certain sum, as $4,000, divided
Eben was thinkin' too, that we could manage to
into shares of $100 each, the whole amount of
MANUFACTURERS OF
have music if I could learn how to whistle. So
capital so fixed must be fully secured by a bona
I come to you, ma'am, a-thinkin' that mebbe
fide subscription before an action will lie upon
you wouldn't mind telling me a thing or two
the personal contract of the subscribers to the
about it, jest so I could larn to pucker. Me and
stock to recover an assessment to the several
Eben is so fond of music.''
shares, unless there is a provision in the sub-
FACTORY :
scription contract to proceed in the execution of
DERBY, CONN.
the main design before the whole amount of
THE household of David H. Dunham was in-
capital is subscribed. In the case before the
It is admitted by all that no piano ever put upon the creased by the birth of a baby, Sunday, October
court it appeared that there was testimony in market has met with such success as THE STERLING
16th. The little one is a girl, and mother and
the record which tended to show that the de-
and thousands will testify to their superiority of work- child are doing well. Dave smiles as he passes
fendants waived the conditions of the contract
the cigars, and hums lullabys on his way home.
in respect to the amount of stock to be sub- manship and durability. Why ? Because they are made
We congratulate the happy father.
scribed before entering upon the main purpose just as perfect as a piano can be made.
THE STERLING ORGAN has always taken the lead, and
of the corporation, viz., the construction of a
Signor Liberati has organized a new military
public hall, and the court held that this should the improvements made this year puts it far ahead of
have been submitted to the jury.
band.
all others. (Q^~ Send for Catalogue.
Sterling Company,
Pianos and Organs,
Hallet £ Davis Pianos
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottschalk. Wehli, Bendel, Straus, Soro, Abt,
Paulus, Titienf, Heilbron and Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.