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THE MUSIC TRADE REVIEW.
12
A POINTS OF SUPERIORITY
L£GAL DECISIONS,
OF THE
Celebrated
"Conover"
Pianos,
GARNISHMENT—CLAIM—CREDITOR.
some of the property or its proceeds, and in the
latter the creditor to whom title is passed takes
for himself the whole property, stipulating to
pay the other creditor out of his own means and
not of the property or its proceeds.
ASSIGNMENT—CONFESSION OP JUDGMENT.
The Supreme Court of Minnesota held, in the
recent case of Smith vs. Barclay et al., that
where money or property in the hands of a gar-
nishee was claimed by a person not a party to
the action the mode of procedure was governed
by General Statutes of 1878, chap. 66, sec. 174,
and not by section 175 ; that the affirmative, in
maintaining his right to the property, was on
the claimant, who must serve the first pleading,
AND SWEETNESS of TONE.
in the nature of a complaint, setting up his
claim, to which the plaintiff might answer; [^"SCIENTIFIC CONSTRUCTION.
that under a simple issue of ownership the
(THE ONLY STRICTLY
plaintiff might prove any facts tending to im- ^DURABILITY.
HJGH GRADE PIANO
MANUFACTURED
peach the validity, as to him as creditor, of any
IN CHICAGO.)
transfer of the property from the defendant to
the claimant, and that it was not necessary in
such a case for the plaintiff, in his answer to
the claimant's complaint, to allege what had
been already alleged or appeared in the action,
SOLE FACTORS.
that he was a creditor of the defendant, and had
attached the property by garnishment.
In the case of Dodge et al. vs. Strasburger
et al., reported in the Washington Law Re-
porter, where it appeared that a retail dealer in
boots and shoes, becoming insolvent, confessed
three separate judgments in favor of certain of
his creditors, amounting in the aggregate to a
large sum, and execution was issued, and the
entire assets of the insolvent were seized and
levied upon to satisfy these judgments, the Su-
preme Court of the District of Columbia held,
on an application by other creditors of the in-
solvent by bill in equity filed for that purpose,
that such confessions of judgment were in effect
an assignment for the benefit of all the credit-
ors, creating a trust in their favor equally and
generally; that the attempted preferences
sought to be made by means of such confessed
judgments were void under the provisions of the
act of Congress of February 4th, 1893, and that
the creditors so preferred would be enjoined
from enforcing such judgments, and a re-
(The Largest Dealers in Pianos and Organs in the World,) ceiver be appointed to take charge of the
assets of the insolvent and make a pro rata
distribution among all his creditors. The
WHOLESALE AND RETAIL WAREROOMS,
court said : " The defendant must be considered
(SECOND FLOOR.)
215 WABASH AVE., to be a man of at least ordinary reason and
judgment, and every man so endowed is held
CHICAGO.
in law to intend the reasonable and probable
consequences of his acts, and no reasonable
man, having ordinary knowledge of business,
owing $29,000, with assets which might be sold
for $23,000 in the ordinary course of business,
confessing judgments for $9,000, can be held
to have expected or intended to remain in and
conduct his business after that. He must be
held to have .intended exactly what followed in
this case—the seizure of his entire assets for the
benefit of the creditors in whose favor he con-
fessed judgments. Should the marshal be per-
mitted to sell under these executions and pay
the money over to the plaintiffs in them, the
transaction would have precisely the same effect
as if the debtor had made a formal assignment
for the benefit of creditors, preferring the ones
in whose favor the judgments are. It puts him
out of business, and gives these particular
creditors all his assets to the exclusion of
others. If there be any difference between what
he has done and a formal assignment with
preferences, it is that in the form he has adopted
he has reserved to himself any surplus after
paying the preferred creditors rather than giving
it to the other creditors, and that could hardly
be urged in favor of his act. As what he has
done is, in effect though not in form, an assign-
ment for the benefit of creditors with prefer-
ences, the court should so treat it by taking
charge of the assets and administering them
for the benefit of all the creditors equally, and
The Company Scrupulously protect their declaring void the attempted preferences. "
CHICAGO COTTAGE ORGAN COMPANY.
CARRIER—PASSENGER—LIABILITY—RECEIVER.
In the recent case of Ball vs. Mabry the Su-
preme Court of Georgia held that inasmuch as
receivers of railroads operating the same under
legal authority exercise the charter franchises
of the company, they are subject to suit in any
county in which the railroad corporation itself
may be sued for a like cause of action; that
while their personal residence is unaffected,
their official residence coincides with that of the
company they represent, the action being
brought to enforce official and not personal
liability ; that in order to sue a receiver appoint-
ed by a court of the United States no permission
of that court is requisite, there being an act of
Congress dispensing therewith ; that the de-
gree of diligence due from a common carrier to
a passenger is extraordinary, no matter what
means of conveyance may be employed, but
that what is extraordinary diligence by a freight
train is different in many respects from that
which is such diligence by a passenger train,
and that a passenger by a freight train takes
the risk of the usual and ordinary jolts properly
incident to handling and running such trains.
INSOLVENT DEBTOR—ASSIGNMENT—CREDITORS.
Enterprising dealers all over the Country are
fast securing the agency for the wonderful
A.
B.
CHASE
PIANOS.
Wonderful in Tone Quality.
Wonderful in Selling Qualities,
Style, Finish, Strength,
Action, Durability and Popularity,
and
Improvement of Tone by Age and Use.
The Supreme Court of Georgia held, in the
recent case of Johnson vs. Adams et al., that
where it appeared from an instrument in writ-
ing, executed by a debtor insolvent at the time
of the transaction, and from the parol evidence
explanatory thereof, that personal property con-
sisting of various items was delivered to a credi-
tor, not on a contract of absolute sale to him,
but with the understanding that he was to pay
over to another creditor either a part of the
property involved or a part of its proceeds and
retain the balance on a debt due him, the tran-
agencies,
and
saction was an assignment for the benefit of
Never change when it can be aroided.
creditors, and it not being made with the invent-
ory and schedule required by statute, the same Hence the agency becomes more valuable
every year.
was void under section 1,952 of the code of
Georgia and the act of October 17th, 1885, and If y»u can, you should secure it at once,
the property assigned was subject to attachment
by writing to
at the instance of other creditors of the common
debtor. The court said that the distinctive test
between an assignment and a sale where
another creditor is to be paid off is that in the
former case such other creditor is to receive
NORWALK, OHIO.
THE A. B. CHASE CO.,
Chicago Man (to artist in Rome) : " What's
the name of the picture ? "
Artist: " It is called ' A n October Sunset.'
It represents the glowing beauty of an Italian
sky as the orb of day sinks to rest behind
"
Chicago Man : " H'm. I'll tell you what I'll
do. You paint in a couple of half-burned pork-
packing establishments and a hook and ladder
truck, and label it 'The Great Chicago Fire,'
and I'll take it at your own price."
Used Exclusively in Seidl,
Thomas and Gilmore Concerts
at Madison Square Garden,
New York.
BOSTON,
NEW YORK,
130 Fifth ATenue, c«racr 18U1 Street, N e w York*
CHICAGO.