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THE MUSIC TRADE REVIEW.
RZCtUT LEGAL
'
FRAUDULENT CONVEYANCES—CONSIDERATION—
EVIDENCE—PARTNERSHIP.
DECISIONS.
In a suit to try the title to goods levied on as
the property of L. K., there was evidence that
A. K., (L.'s brother), having failed, was em-
ployed by L-, at a yearly salary of $2 500, to
[PREPARED FOR T H E MUSIC TRADE REVIEW.]
conduct a business under the name of K. or L.
K., in which about $2,000 were invested. A.
ASSIGNMENT FOR BENEFIT OF CREDITORS—FAIL-
had entire control of the enterprise, and in cor-
URE OF ASSIGNEE TO GIVE BOND—RIGHT TO
responding with plaintiff used the pronouns
ATTACK FRAUDULENT CONVEYANCES.
" w e " and " u s , " and spoke of " t h i s firm."
In trover by the assignee of a mortgage on a About three years afterwards A. sent plaintiffs
Stock of goods, it appeared that plaintiff's as- a statement to be used as abisisof credit, show-
signor bought the goods from an insolvent debt- ing assets of $33,000, and liabilities of $23 000,
or, paying him cash and giving him notes for and representing the value of the stock of goods
the balance of the price, one of which was to be on hand to be $26,700, and through such state-
delivered at a stated time if there had then been ment, and the offices of one of claimants, pro-
on litigation about the property. Thereupon the cured credit from plaintiffs. About two months
assignor resold the stock of goods to the debtor, thereafter. L. sold the stock of goods to claim-
being given the mortgage under which plaintiff ants ; the consideration being the cancellation
claimed, and being allowed to retain certain of a debt due them, of $6,412, and their agree-
articles of property.
Held, that defendant, to ment to pay A. $4,332, which L. claimed he owed
whom the debtor subsequently made an assign- the other for salary, and for which he had given
ment for the benefit of creditors, and who took A. his note. The statement as to L.'s indebted-
no title because of his failure to give bond, ness to A. was made by A., and L. did not know
could not insist that the transfer was in fraud of whether it was correct. After the sale claimants
creditors, the latter not complaining.
employed A., at a yearly salary of $2,500, to
Abbott v. Chaffee, Supreme Court of Michi- dispose of the goods, and subsequently trans-
gan, June 30, 1893. . . . . - ' •
- . •
ferred the goods to A.'s father-in law, who, with
A. and two brothers-in-law of A., formed a cor-
JUDGMENT RECOVERED BEFORE JUSTICE—FILING
poration, and continued thebusiness, employing
TRANSCRIPT IN CIRCUIT COURT—SUBSE-
A. at the same old salary. Held, that A. and
QUENT STAY BEFORE JUSTICE.
L. were both interested in the mercantile estab-
How. St. § 6949, provides that when a trans- lishment, and that the transfer to claimants was
cript of a judgment recovered before a justice of fraudulent.
the peace is filed in the circuit or district court,
Steiner et al. v. Lowery et al., Supreme Court
it shall have the same effect as a judgment ren- of Alabama, June 6, 1893.
dered therein, and may in the same manner be
enforced, discharged and cancelled, and that
C. C. HOLT, also a Macon music house, made
execution may be issued thereon in the same mortgages for about $14,000, and then went in-
manner as if execution were to be. issued by the to the hands of a receiver. Verily, hard luck
justice ; and section 6993 provides that after fil- has struck Macon, if nothing worse.
ing and docketing such transcript, all execu-
A. C. CHANDLER, Brockton, Mass., leaves for
tions shall be issued out of the circuit or district
California
Wednesday, the 17th. He will visit
court, and the power of the justice in respect to
all
the
principal
cities of the State and return
such judgment shall cease. Held that the filing
of such transcript divests the justice of jurisdic- the last of April. He makes the trip hoping it
tion, and prevents the party against whom the will benefit his health.
judgment was entered from thereafter entering
a stay with the justice.
McGrath and Long
JJ., dissenting.
Hitchcock v. Hosmer, Judge, Supreme Court
OF THE
of Michigan, June 30, 1893.
CUSTOM HOUSE, BOSTON,
)
Collector's Office, January 15, 1894. j
Exportations of Musical Instruments from the
Port of Boston, Month ending Dec. 31, 1893.
To Germany :
Thirteen (13) organs
-
-
-
$600
To Netherlands :
Six (6) organs
.
.
.
.
253
To England :
Two hundred and ninety-two
(292) organs
-
-
$16,049
Two (2) pianos
-
-
-
400
All other and parts of -
3,3 2 9
19.778
To Nova Scotia, :
Five (5) organs
Five (5) pianos
All other and parts of
242
700
186
1,128
To Newfoundland :
Eight (8) organs -
One (1) piano
832
250
1,082
Total
$22,841
Importations of Musical Instruments into the
Port of Boston, Month of December, 1893.
Countries :
France
$1,569
Germany
1,884
Total
5.453
A POINTS OF SUPERIORITY
ACTION ON NOTE—ACCEPTANCE AND NOTIFICA-
TION EVIDENCE.
In an action on a note it appeared that the
plaintiff shipped defendant certain goods, and
sent a draft, with a bill of lading attached, to a
bank for collection : that defendants refused to
pay the draft, and wrote plaintiff, "Will accept
goods on these terms only : 30 days, or two per
cent, off at ten days, or a 30-day acceptance ; "
that on April 8th plaintiff replied, "Send us 30
days' acceptance ; " that on April 9th defendant
forwarded plaintiff the note sued on, and on
April 10th defendants received from plaintiff a
draft for acceptance at 30 days, dated April 9th ;
that defendants then wrote plaintiff that it
[plaintiff] had not accepted their proposition,
and that the goods were subject to its disposal ;
that after mailing this letter, on the same day,
defendants received a telegram from plaintiff
that the bank would release the bill of lading,
and on the same day defendants received a letter
acknowledging the receipt and acceptance of de-
fendants' note. Held, that the evidence showed
that plaintiff accepted the note, and duly noti-
fied defendants.
Tatnall et al. v. Rome Foundry & Machine
Work%, Supreme Court of Alabama, May 19th,
1893.
Celebrated
Pianoforte action, No. 508,416, j . Greener.
Violin, No. 508,508, P. Donnelly.
"Conover
Pianos.
AND SWEETNESS of TONE.
CONSTRUCTION.
BEAUTY.
(THE ONLY STRICTLY
HIGH GRADE PI A N O
MANUFACTURED
IN CHICAGO.)
CHICAGO COTTAGE ORGAN COMPANY,
SOLE FACTORS.
(The Largest Dealers in Pianos and Organs in the World.)
WHOLESALE AND RETAIL WAREROOMS,
(SECOND FLOOR.)
215 WABASH AVE U ,
CHICAGO.
Violin bow, No. 508,471, Noble & Street.
THE FIRST VIOLIN.
WffiCCORDING to the latest researches Gas-
®^s pardo di Salo was not the first maker ot
violins. The honor is now given to Kaspar
Tieffenbrucker, who translated his name into
Gaspard Duiffoproucart. His oldest violin is of
the date 1510, and was made for Francis I. of
France, and is now in the Niederheitmann col-
lection at Aix la Chapelle ; the second, 1511, is
also in that city, and has on the back an oil
painting, conjectured to be by Leonardo da
Vinci. The third, 1514, is in the possession of
Professor Francalucci, of Bologna; the fourth,
1515, owned by Channot, the London maker,
has the neck terminated by a head of Triboulet;
the fifth, 1517, is in the hands of an old musi-
cian at the Cathedral of Aix la Chapelle ; the
sixth, the property of Prince Nikolas Yousopow,
of St. Petersburg, is inscribed "Gaspard Duiffo-
proucart, bononiensis, Anno 15—."