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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MUSIC TRADE REVRIW.]
SHERIFF'S SALE — JUDGMENT — EXECUTION —
VARIANCE—EFFECT ON TITLE—AMEND-
MENT OF EXECUTION AFTER
SALE—WHEN ALLOWED.
1. In an action to recover land purchased, at
sheriff's sale, it appeared that the judgment on
which the execution was issued was rendered in
favor of D., "administrator with the will an-
nexed of the estate of B.," but that by a clerical
error the execution was in favor of D., "special
administrator of the estate of B. " Held, that the
execution was properly corrected by amendment,
and that the title passed to plaintiff.
2. The fact that the motion to amend was
made in the action to recover the land, instead
of the case in which the judgment was rendered,
did not make the allowance of the amendment
improper.
Dewy v. Peeler, Supreme Judicial Court of
Massachusetts, Worcester, March 28th, 1894.
PROPERTY SUBJECT TO ATTACHMENT—PENSION
MONEY.
Under the Rev. St. U. S. § 4747, a pension
check deposited in a bank to the pensioner's
credit and for collection is not subject to an
attachment on execution.
Reiff, et al. v. Mack, Farmers' National Bank
of Reading, Garnishee, Supreme Court of Penn-
sylvania, March 12th, 1894.
INSOLVENTS — CRIMINAL PROSECUTION — DIS-
CHARGE.
Act March 31st, i860, g 133, providing that if
no bill be presented or found at the next sessions
against an insolvent committed for trial or the
indictment be not tried at the second sessions
(unless postponed at the instance of the insol-
vent), the common pleas shall "discharge him
from imprisonment upon his proceeding," does
not require his general discharge, nor apply to
an insolvent out on bail.
In re Wentzel, Supreme Court of Pennsyl-
vania, March 12th, 1894.
VENDOR'S LIEN — ENFORCEMENT — ASSIGNMENT
FOR CREDITORS—RESTRAINING ORDER.
A vendor who retains title and has the right
to take possession but binds himself to convey
on payment of price, can maintain a suit to en-
force his lien against the assignee for benefit of
creditors of the purchaser, and this right cannot
be affected by a decree obtained by the assignee
in a proceeding to which the vendor was not a
party.
Janney et al v. Habbeler, Supreme Court of
Alabama, January 18th, 1894.
TRUSTEES — ACCOUNTING — COMMINGLING OF
FUNDS.
1. A trustee who has made a loan partly of
trust money and partly of his own, though he
acted with good faith and prudence, cannot
charge the trust with any loss incurred, but
must account for principal and interest in full.
2. Where a trustee has mingled the funds
with his own, and neglected to keep any sepa-
rate account of the interest received thereon, he
is chargeable with the highest legal rate of
interest on the entire fund, and can be allowed
nothing for his services.
3. The account is to be adjusted with annual
rests, interest being charged on the entire fund,
and on any balance of such interest in his hands
at the end of each year, after the deduction of
the sum allowed for that year.
4. Since the court is required, by R. L. g 2298,
to examine a trustee on oath as to the correct-
ness of his account before allowing it (unless it
is objected to, and its correctness well proved,)
the trustee is a competent witness on exceptions
to his account by the estate of his deceased
cestui que trust.
In re Hodges's Estate, Supreme Court of Ver-
mount, General Term, January 9th, 1894.
FRAUDULENT CONVEYANCE — PREFERRING
CREDITOR.
which attracted so much attention, and which
received the highest awards, was sent entire to
the Mid-Winter Fair at San Francisco.
Mr. J. Harold Burke, the gentlemanly at-
tendant at the World's Fair exhibit, also has
charge of the same at the California Fair.
Messrs. Kohler & Chase, San Francisco, and
John C. Haynes & Co., Boston, have reason
for mutual congratulation.
An insolvent may prefer a creditor by sale of
goods in payment of a pre-existing debt, though
they know it will prevent other creditors col-
lecting their debts ; the only conditions being
that the debt be bona fide, that the goods be
taken at a fair and adequate price, and that
no benefit be reserved in behalf of the debtor.
Bates et al. v. Vandiver et al., Supreme Court
of Alabama, January 16th, 1894.
ATTACHMENT—SUFFICIENCY OF LEVY—REVIEW
ON APPEAL —OBJECTIONS NOT RAISED
BELOW.
Musical instrument, No. 518,775, J. B. Birrer.
Fretted musical instrument, No. 518,569, W.
1. Where an officer in whose hands an attach-
ment is placed does not seize the property sought H. R. Toye.
to be attached nor assume possession or control
Music turner, No. 520,207, C. P. Hollis.
thereof, but merely makes a verbal agreement
Musical instrument, No. 520,297, Chase &
with the attachment debtor that the attaching
Tracy.
creditor shall take charge of it as a receiptor,
Musical instrument rack, No. 520,214, W. A.
and there is no apparent change of possession,
the levy is invalid as against a subsequent levy Naumann.
of another attachment on the same property.
Pipe organ, No. 520,167, E. E. Palm.
2. An objection that there was error in a com-
Pipe organ, No. 520,344, W. T. F. Weigle.
putation of interest, thereby making the judg-
Piano, No. 520,139, A. Felldin.
ment too large by a few dollars, cannot be raised
for the first time on appeal.
LEAF TURNER.—Lafayette Swindle, Franklin,
Mahon v. Kennedy et al., Supreme Court of Ind. This Is an improvement in music leaf
Wisconsin, January 30th, 1894.
turners having pivoted swinging arms to which
fingers are so pivoted as to adapt them to project
upward and lie between the leaves. It is applied
by opening the book at the place to be referred
to and raising one of the fingers, opening to
Their New Connections on the Pacific another place to be opened to and raising another
Coast.
finger, and so on until as many fingers are in-
serted as there are leaves to be opened to.—
( | O H N C. HAYNES & CO., Boston, manu- Scientific American.
*^v facturers of the famous " Bay State "
H. HORNER, Beatrice, Neb., handles the W.
guitars, mandolins, banjos and zithers, feel par-
W.
Kimball Co. 's and Clough & Warren goods,
ticularly elated in having secured Messrs.
Kohler & Chase as their agents on the Pacific and reports a good business.
H. C. WAITE, the well-known dealer, of Cedar
Coast. Already several shipments have been
made, so that Kohler & Chase are fully equipped Rapids, Iowa, has issued the following card to
for filling orders in that part of the country. his patrons : We are pleased to inform you that
They are also to be congratulated on their suc- one of the identical pianos manufactured and
cess in obtaining the agency for these goods. exhibited by the Bush & Gerts Piano Co. at
Probably no other instruments of the same class the World's Fair, has been secured for the
are superior to the " Bay State. "
Masonic Library Building in our city. This
Mr. Geo. H. Brown, the representative of Piano received Highest Award for Transposing
John C. Haynes & Co., knew what he was doing Key Board and Tone Quality at the Columbian
when he entered into successful negotiations Exposition, 1893 ; and in order to give our
with the San Francisco house, during his recent friends and the public a convenient opportunity
prosperous trip across the country, in the to examine this beautiful piano, we will hold it
interest of John C. Haynes & Co.
at our wareroom, No. 52 1st avenue, for two or
The World's Fair exhibit of these goods, three days, probably Thursday and Friday next.
John C. Haynes & Co.
Will si lid Scarfs on selection to responsible parties.
After |uly 1, 1894, hold your order on S t o o l s for
our representative—finest line at lowest prices.