Music Trade Review

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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
*TW Highest Type."
[PKEIAAED EXF'KESSI.Y FOR THE MUSIC TRADE REVIEW.]
ACTION
ON
NOTE — ELECTION — ATTORNEY'S
FEES.
1. Where each of a series of notes contains a
stipulation that default in the payment of any
one of them shall, at the holder's election, mature
all of them, the institution of suit on all the
notes, within a reasonable time after default in
payment of one, is sufficient notice of the holder's
election.
2. Where a note stipulates for the payment
of attorney's fees " i f collected by suit," it is
not necessary in a suit on the note, to allege or
prove action brought to entitle the plaintiff to
include attorney's fees in his judgment.
Kerr et al. v. Morrison et al., Court of Civil
Appeals of Texas, March 7th, 1894.
RUSSELL
PIANOS
MANUFACTURED BY
CHATTEL
MORTGAGE — WHAT CONSTITUTE—
" LEASE " OF SEWING MACHINE—REPLEVIN
—COUNTERCLAIM—WHEN ALLOWED.
f
HE LAST OF THE DANVERS." This
Danvers was a Georgian, who fought
through tre war on the Northern side. After-
ward he led a body of men to found a colony in
Montana, and was killed in a fight with the
Indians on the same day of the same month
that his ancestors for generations back had
been killed. This curious incident is the whole
meaning of the book. The tale is full of remin-
iscences and anecdotes of the war.—Daily Picay-
une, New Orleans, L 1 *.
Working Overtime.
flos. 171 and 173 South Canal Street,
CHICAGO.
GOOD WILL—TRADE-MARKS.
The Kentucky Court of Appeals held, in the
recent case of Mattingly et al. vs. Mattingly et
al., that where a firm which owned and operated
a distillery, upon the product of which they had
for many years used the firm name as a trade-
mark, sold and transferred the distillery and also
the "good will of the firm name" and " a l l
trade-marks, brands and labels " belonging to
the firm, the members of the firm had no right
thereafter to similiate any of the brands or trade-
marks thus transferred or to resort to any other
fraudulent device to cause the public to associate
with the distillery sold goods manufactured at a
different place, or to receive letters addressed to
the firm name, or to fill orders manifestly refer-
ring to whisky manufactured according to the
established and long used formula at the distil-
lery in question, and in an action brought by the
purchaser of the distillery for that purpose the
chancellor properly enjoined them from doing
any of these things. The court said that the
mere fact that plaintiff company had prior to the
commencement of the action been in the habit
of placing upon the revenue head of each barrel
of whisky manufactured at the distillery from
defendants a brand representing the old firm as
"distillers," even if it was a fraud upon the
public, did not deprive plaintiff of the right to
the relief sought.
case of default, etc.. to return it, and permit the
company or its agent to enter his premises and
take it—the transaction is a sale, and such in-
strument is a chattel mortgage.
2. In replevin by the vendor of a machine un-
der a mortgage to secure the price, defendant
cannot interpose a counterclaim for damages for
breach of warranty of the machine. Talbott v.
Padgett, 8 S. E. 845, 30 S. C. 167, followed.
Singer Manufg. Co. v. Smith, Supreme C urt
of South Carolina, March 7th, 1894.
Anecdotes of the War.
(Successors to STARK & STRACK.)
INFANCY—GOODS OBTAINED BY FRAUD.
In an action against a minor for goods sold
and delivered to her pursuant to a bargain made
by her father, who, with her knowledge and
consent, was using her name, and doing business
under it, under such circumstances that persons
dealing with her might suppose that her father
was the one who owned the business, it is rever-
sible error to refuse to submit to the jury the
question whether the minor obtained the goods
by fraud, since, if such were the case, she would
be liable for the price.
Harseim v. Cohen, Court of Civil Appeals of
Texas, March 8th, 1894.
• 5
^ H E STARR PIANO COMPANY received
^t) orders Tuesday alone for 31 pianos, one
order for 28. The local as well as outside retail
trade is good. They had three retail salts here
this week. They are working to their fullest
capacity, and some of the men are working
overtime. The addition to the factory is being
delayed by bad weather.—Richmond (Ind.) Re-
gister, Nov. n t h .
A New Keyboard.
THE
Sterling Company,
t
MONG the late patents recorded in London,
Eng., we notice the following: J. G.
Loirain, a communication from the Remington
Sboles Typtwriter Co. of the United States, for
" Improvements in keyboards of musical instru-
ments and the like. Dated October 10th,
1894.'' This opens up a bright vista for the type-
writer girl. Think of the pleasure of operating
the piano w itb the typewriter keyboard ! Knocks
the Janko invention sky-high.
Contains Interesting Musical, Art
and Dramatic Reading.
f
MANUFACTURERS OF
Pianos and Organs,
FACTORY:
DERBY, CONN.
It is admitted by all thai no piano ever put upon the
market has met with such success as THE STERLING
and thouiands will testify to their superiority of work-
manship and durability. Why ? Because they are made
just as perfect as a piano can be made.
1. Where a sewing machine company delivers
a machine and takes back an instrument called
a " lease," in which it is valued at $55, and un-
THE STERLING ORGAN has always taken the lead, and
der which the maker agrees to pay for the use of the improvements made this year puts it far ahead ol
it $10 cash, as rent for the first month, and $3
*"1 others U^"STd for Catalogue,
per month thereafter for 15 months; and, in
Davis Pianos
HE Keynote for November is ready and con-
tains more interesting musical, art and
dramatic reading matter, than many more pre-
tentious publications. It contains three pieces
of Music for the piano, one a facsimile of the
manuscript copy of a new waltz by Strauss.—
Boston Times, Nov. 14
A NOVEL piano stool is being introduced,
which, by a very simple and ingenious arrange-
ment, enables two seats to be constructed from
the one stool, says the Philadelphia Inquirer.
The pillar supporting the seat can be divided,
the two legs of each part being supported by an
iron bracket resting on the floor and giving the
required stability. The circular top is in two
pieces, one fitting over the other, and these are
divided and adjusted to form a double seat,
which bhould be found convenient for duet play-
ing.
GRAND, SQUARE AND UPRIGHT,
Indorsed by Liszt, Gottschalk, Wehli, Bendel, Straus, Soro, Abt,
Paulus, Titiens. lleilbron and Germany's Greatest Master!-
Established over Half a Century.
BOSTON, MASS,