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THE MUSIC TRADE REVIEW.
2OO
J. R. GRAHAM, JR.,
ESTABLISHED 1840.
(SUCCESSOR XO J. R. GRAHAM.)
AND FACTORY: Thirtieth Street and Eleventh Avenue, New York.
MORTGAGE—ATTESTATION—VALIDITY.
The Supreme Court of Georgia held, in the re-
cent case of Benton vs. Upson et al., that a
mortgage attested by two witnesses was good
between the parties to it, though neither of the
witnesses was an official authorized by law to
attest mortgages ; that, as between these parties,
it was immaterial whether the mortgage had
been properly probated and recorded or not, and
that an execution issued upon the foreclosure of
such mortgage would not be rejected at the in-
stance of a claimant who did not show that he
had some right or lien which would be injuri-
oiisly affected by a failure to comply with the
requirements of the law as to the attestation,
probate or record of the mortgage.
FRAUDULENT CONVEYANCE—PURCHASER.
The Supreme Court of Illinois held, in the re-
cent case of Zick et al. vs. Guebert, noted in the
Legal News, of Chicago, that although a con-
veyance of land is made to defraud the grantor's
creditors, an innocent purchaser for a sufficient
consideration without notice of the fraud will be
protected ; that the fact the land sold may be
worth some more than that given will not ren-
der the transaction fraudulent as to the pur-
chaser ; that when the purchaser of an interest
in land has no notice at the time the sale is
consummated that his grantor is insolvent, or
that he or she had any design of transferring
his or her property to avoid the payment of
creditors, and the trade is an ordinary transac-
tion where one is pressed for money and anxious
to sell, and the other buys because he regards
the property as cheap and a good bargain, the
conveyance will be sustained, and that notice to
the purchaser shortly after his purchase of facts
showing the insolvency of his grantor will not
affect his rights acquired without notice.
neglects or refuses to deliver it, when its obliga- down deposits and authorize the resumption of
tion requires delivery, the person injured is re- business, where the effect of this will be to allow
mitted to his common law remedy."
the institution to continue on a solvent basis.
Speaking of the nature of a savings bank, the
SAVINGS HANKS—INSOLVENCY—COURTS.
court said: '' The assets, after deducting the
The New York Court of Appeals held, in the
necessary expenses, are held simply as belong-
recent case of People vs. Ulster County Savings
Institution, that the provision in chapter 409, ing to and as security for all the deposits. It
section 278, of the laws of 1882, providing that would seem, therefore, that no depositor has any
when suit is brought against a savings institu- just cause of complaint if he is not permitted to
tion, alleging its insolvency and demanding its receive his deposit in full, in case the assets are
dissolution, the court may grant such relief and insufficient to pay all the depositors in full.
render such judgment as the interests of the par- Nor would the trustees be justified in exhaust-
ties seem to require, allows the court to scale ing, or even impairing, the assets of the institu-
tion in payment in full of diligent depositors,
and thereby leaving those who are less vigilant
to receive a less sum than would be theirs if a
just and ratable distribution were had. Under
these circumstances, the assets of the bank being
held for all the depositors, and the losses sus-
tained by all, and there being no right in any
depositor to insist upon the payment of his own
claim in full, at the expense of others, it is clear
that the loss already sustained may and should
be thus distributed, and the bank, if possible,
FACTORY:
permitted to resume business for the benefit of
all depositors alike, that in the end each depositor
may receive as much as possible.''
525 to 531 W. 24th Street, N. Y,
|I?e
THE WONDERFUL
jHarp.
?ARP-PLAYING is again in vogue. Fash-
ionable young women are hanging their
banjos on the willow tree; they are taking
lessons in harp manipulation. The light airs of
the instrument, so long held sacred to the negro,
are forgotten in the deeper and more dignified
notes of the harp. We suspect that the decora-
tive possibilities of the harp have much to do
with this revival of that ancient instrument. A
harp is a pretty thing. A curiously carved
cabinet from Venice or an oddly fashioned table
from France cannot be more effective in the
drawing-room.
The harp has a noble ancestry.
TELEGRAM—FAILURE TO DELIVER—PENALTY.
Skill
in
bringing
forth music from its chords
In the case of Brooks vs. Western Union Tel- 1. Wonderful in Tone quality.
won
praise
and
honor
in the day of King David.
Rich, deep, bell like and pure.
egraph Company, decided recently by the Su-
Kings and queens have enjoyed its music
preme Court of Arkansas, and reported in the 2. Wonderful in strength of frame.
through hundreds of years. Its addition to the
Legal News of Chicago, the court held that a
Strongest possible combination of woods glued orchestra, however, does not date back many
statute imposing a penalty upon a telegraph
and bolted together.
years. A Chicago musician has made a study
company refusing to '' transmit over its wires to 3. Wonderful in improving by age and use. of the instrument, and he says its possibilities
localities on its line " any message tendered to
Pianos sold five years ago are said to be better are not yet fully understood ; that the semi-tones
the company for transmission did not impose a
of the harp can be regulated with a nicety here-
in tone than when they were sold.
penalty for the company's refusal to deliver a
tofore
unknown. No doubt Tannhauser and
message to the addressee after it had been trans- 4. Wonderful in selling qualities.
Orpheus would not recognize the harp if they
Tone,
action,
style,
finish,
patented
improve-
mitted over its wires to the locality on its line
were to see it, with the Chicago modifications,
ments all taking.
to which it was addressed. The court said :
standing in a white and gold parlor and respond-
" The statute is penal, and its terms cannot be 5. Wonderful in popularity.
ing to the graceful touch of a Michigan avenue
extended beyond their obvious meaning. Where
Even our strongest competitors all praise them. belle's slender fingers.—Indianapolis News.
there is a doubt, such an act ought not to be 6. Wonderful in phenomenal success.
construed to inflict a penalty which the legisla-
Importations of Shellac.
Only 5 years since the first A. B. CHASE
ture may not have intended. This is a familiar
pianos were made, and now they are taking
rule of construction. Applied to this case it
HE amount of shellac that was imported
the lead everywhere.
resolves the question in favor of the company,
into Boston for the year ending June 30th,
for it cannot be said that the language plainly 7. Wonderful in character of its agents.
1890, was 77,376 pounds, about thirty-five tons,
The- very best men in the trade seek the agency and was worth $14,337. The total amount im-
implies the intention to visit a penalty for a re-
for these instruments. No others need apply. ported into the United States for the year end-
fusal to deliver. It follows that it is only when
a telegraph company doing business in this
ing June 30th, 1890, was 4,730,465 pounds, of
For terms and territory, address:
State refuses to transmit a message tendered to
the value of $802,745. For the year of 1889 the
it that the penalty is incurred. . . . When
number of pounds imported into the United
the message is transmitted and the company
States was 5,509,873.—Boston Globe.
NORWALK, OHIO.
A. B. CHASE
PIANOS.
f
THE A. B. CHASE CO.,
Used Exclusively in Seidl,
Thomas and Gilmore Concerts
at Madison Square Garden,
New York.
V>£) ^Z/^^PG^s
^^r&V ^W^er WW ^ = ^ ^ ^ W
130 Fifth Avenue, corner i8tn Street, New York
BOSTON,
NEW YORK,
CHICAGO.