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THE MUSIC TRADE REVIEW.
popularity, and in their hands it will undoubt-
edly receive a stimulus and enlarged prestige
that cannot fail to be of material advantage to
the house and to their manufacturer.
The first invoice of Hallet & Davis pianos
shipped to Lyon & Healy amounted to fifty in-
struments of their latest and most improved
styles.
others, and that they had a legal right to use a
portion of their corporate name, which was also
the patronymic of one of their officers, on the
fall-board of their instruments. Of course, the
plaintiffs have a right to make an appeal from
this decision.
PHILADELPHIA ADVERTISING.
OME years ago the advertisements of
Blasius & Sons, Philadelphia, when
BEFORE JUDGE BISCHOFF.
directly referring to the Blasius piano, con-
another portion of this paper we present a
tained the words, "55 points of merit." When
summary of the proceedings of the case of
P. J. Cunningham, of that city, began to manu-
Sohmer versus Sommer, to restrain the latter
facture pianos he evidently became impressed
from using a portion of their corporate name
with the idea of going Blasius & Sons one
upon the fall-board of their instruments. Some-
better. His advertisements contained the an-
thing over a day and a half was consumed in
nouncement, "56 points of merit." Colonel
the testimony of the plaintiffs' witnesses. After
Gray, of the Schomacker Piano Company, is
carefully listening to the entire proceedings, it
not going to be left in the background. The
seems to us that the plaintiffs wtre unfoitunate
Philadelphia Times, of April 14th, contains the
in their selection of an attorney. Mr. Hawes'
advertisement of the Schomacker piano with
complaint was not broad enough. Also there
" 100 points of merit." The Colonel has thus
was a vast amount of time consumed in bringing
raised them to a cool hundred in the merit line,
out the cost of the defendants' pianos and their
and his advertisement is startlingly unique, to
relative value as compared to the plaintiffs'.
say the least. It contains an illustration of a
This was entirely immaterial, as we fail to un-
huge balloon, on which is labeled " ' 100 points
derstand why the defendants are not entitled to
of merit.' Schomacker gold string piano
manufacture an instrument of any grade what-
awarded first prize, Chicago, 1893." Far below
soever which they desire. Mr. Hawes lost much
the huge inflated gas bag of the Colonel's float
time in endeavoring to make the point that the
peacefully lesser balloons each supporting pianos
defendants' piano was sold at retail for $150,
bearing the names of Steinway, Knabe, Decker,
while the very cheapest instruments of his clients
Weber, Sohmer and one with the cabalistic
retailed for $400. The time which Mr. Hawes
" 5 5 " thereon. The Colonel's balloon bears a
devoted to bringing out the cost of instruments
Schomacker grand, while the others support
could have been better employed in endeavoring
just plain uprights. The question is, is this
to prove the alleged deceptive intent of the de-
legitimate advertising ? We fail to recollect of
fendants.
a single instance wherein the names of com-
The defendants' case was ably upheld by an petitors were used in such a manner as is indi-
attorney of marked ability, and evidently he cated in Colonel Gray's advertisement. Using
had thoroughly familiarized himself with all the the names of other firms in an advertisement
conditions surrounding his clients' case. The cannot be designated as dignified advertising,
entire testimony of the plaintiffs' witnesses fail- and we are extremely surprised to see this ad-
ed to bring out an intent on the part of the de- vertisement which, by the way, is copyrighted
fendants to mislead purchasers.
by Colonel Gray. Other firms of lesser renown
Mr. Hawes, in confining his complaint to a could follow the same idea with just as much
limited scope, placed himself in a position propriety, and we would not be surprised to see
whereby much testimony which would have the Mozart or the Shaw pianos riding Pegasus
had an important bearing on his clients' case on aerial flights carrying several banners, on
was objected to and stricken out.
which shall be inscribed several '' points of
Judge Bischoff's rulings were strongly par- merit."
tisan in this matter, and he sustained nearly all
MR. F. KNOLL, of Buffalo, N. Y., celebrated
the objections made by the defendants' attorney.
his twenty-second anniversary in the piano
From the manner of the Court's ruling, the tes-
business last week. He opened with the
timony objected to, and from the facts that the famous Hazelton as the standard bearer, has
intent to mislead on the defendants' part was sold them ever since, and, like everybody who
not proven, it became clear in the early part of handles these instruments, has waxed fat and
the second day's proceedings which way the prosperous. Mr. Knoll has a very attractive
primal legal battle in this case would end. The store on 45 Niagara street.
MR. CHAS. E. VOSS, who held an important
Judge stated at the close that the plaintiffs had
position
in the piano hammer department of
not proven that there had been any direct inten-
Alfred Dolge & Son's felt factory, Dolgeville,
tion on the part of the defendants to mislead the died April 2d. Previous to his entering Mr.
public ; that the allegation made in the com- Dolge's employ he held a responsible position in
plaint wa3 not proven, and that the defendants the same business in London, England.
could not be supposed to supply the lack of
MR. WILLIAM BARRY OWEN, the well known
ignorance which portions of the purchasing pub- treasurer of the McPhail Piano Company, Boston,
lic might possess. He further stated that the has resigned his position and will be connected
plaintiffs had not proven that the defendants with the Autoharp Company of Dolgeville, N. Y.,
after May 1st. Mr. Owen is a bright young man,
had by their actions, or by their advertising
who has a wide acquaintance with the trade, and
matter, sought to mislead, and they could not in his new field he will undoubtedly become most
be held legally responsible for the actions of successful.
f
ERNEST KNABE.
the morning of April 17th the mournful
intelligence was flashed over the wires of
the dealh of Ernest Knabe, which sad event oc-
curred at an early hour that morning at his
home in Baltimore, Md. The news came in the
nature of a shock to his many friends and the
entire trade in this country. Although Mr.
Knabe had been somewhat a sufferer from bad
health for several years induced by heart trouble,
it was not known generally that he was con-
sidered in any imminent danger. He had been
giving his usual attention to business until
a few months ago, when a relaxation from busi-
ness cares was considered necessary, and he
went to Europe for recuperation.
Ernest Knabe was the only surviving son of
the founder of the firm of Wm. Knabe & Co.,
and at the time of his death was the senior
member of that concern. He was one of the
best known piano manufacturers in America,
having for years been at the head of the great
Knabe firm. His position in the trade naturally
gave him great prominence, and his thorough
work and honest endeavor assisted largely to
build the national reputation which his firm
have achieved. Mr. Knabe was modest and un-
assuming in his manner, and was exceedingly
popular everywhere. His native city has lost
one of its best citizens. A man whom they had
learned to respect for his high moral worth and
superb business qualifications. His liberality
was proverbial. In almost every charitable
undertaking he was a generous subscriber, but
was careful to avoid publicity in his donations.
He was not only a practical piano manu-
facturer, but a thorough musician as well. He
belonged to almost every German organization
in Baltimore, taking a warm interest in all mu-
sical societies, and doing much to encourage
musical culture. He had a natural and* pro-
nounced genius for piano mechanics, a perfect
conception of how to manage a vast commercial
establishment, and an inborn desire to advance
the interests of art. Ernest Knabe added more
lustre to a name which an eminent father had
already made distinguished.
The entire music trade of America will mourn
the loss of this man, who has left behind a record
of spotless honor and integrity. At the time of
his death he was in his fifty-seventh year. Since
1864 the deceased and his brother-in-law, Charles
Keidel, have composed and have jointly manag-
ed the affairs of the firm of Wm. Knabe & Co.
The deceased's two sons, William and Ernest
Knabe, survive him. These young men have
been carefully educated, so that they are amply
qualified to assist in upholding the time honored
traditions of the Knabe firm.
The funeral of the deceased occured at his late
residence Thursday. The interment was in
the family plot in Loudon Park Cemetery. The
high esteem in which members of the Knabe firm
have always been held by their employees may
be realized when the fact is known, that yearly
the employees gather and scatter garlands ot
flowers upon the graves of the departed.
E. L. B.