Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
And the Music Box Played.'
"The Highest Type."
[PREPARED FOR THE MUSIC TRADE REVIEW.]
CONTRACTS—JOINT OR SEVERAL—PLEADING—
SETTING ASIDE FRAUDULENT CONVEYANCE.
1. An agreement by which '' plaintiffs are to
p a y * * * to said L , " and "plaintiffs are
to pay in addition," etc., is a joint obligation.
2. An allegation of a complaint " that defend-
ants," except E., " have paid plaintiff each year
the $50 due from them and from each of them, "
and that they paid such sum in addition as was
necessary in case of sickness of plaintiff, does
not show that defendants have construed the
agreement which bound them to such payments
as several, it not appearing that there was any
severance in any payments, either as to persons
or amounts.
3. An action cannot be maintained against
one of three joint obligors on allegations that
the other two have paid their shares of the
amount due.
4. A fraudulent conveyance by a joint obligor
will not be set aside as long as there is a legal
remedy against the other joint obligors.
5. A complaint seeking to set aside a fraudu-
lent conveyance to satisfy a judgment, which
merely alleges the recovery of judgment against
defendant, without stating any facts to show the
character and validity thereof, is insufficient.
EUer et al. v. Lacy, Supreme Court of Indi-
ana, April 7th, 1894.
RUSSELL
(Successors to STARK & STRACK.)
PIANOS
MANUFACTURED BY
piano
los. 171 and 173 South Canal Street,
CHICAGO.
CONTRACTS — ENTIRETY—RESCISSION—BANKS—
CHECK—PRINCIPAL AND AGENT.
1. Where three notes are discounted at one
time by a bank for one depositor, and the pro-
ceeds of each note separately credited to him,
the contract is divisible, and the bank may re-
scind the agreement as to one of the notes with-
out rescinding as to the others.
2. Where a bank sends a note to another bank
for collection, and the latter receives in payment
of it a worthless check on the former bank, the
latter bank must stand the loss, since an agent
to collect has no implied authority to take any-
thing but money in payment.
3. As between the payee of a check and the
bank on which it was drawn, the check does not
create any liability against the bank unless the
drawer has on deposit at the time the check is
presented funds sufficient to pay it, even though
at the time the check was drawn there was such
a deposit in the bank.
Bank of Antlgo v. Union Trust Co., Supreme
Court of Illinois, March 31st, 1894.
J j r T is not always safe to try and cheat the
*•-) Custom House. In Mexico there is a duty
on musical boxes, and the following capital tale
founded on this fact is told by the El Paso Re-
publican. Said a Custom House inspector the
other day : Very few people think it is wrong to
smuggle, and if they can manage to slip a few
little trinkets over the line unobserved they have
no hesitancy in doing so. About a week ago
there was a little excursion party in Paso del
Norte, Mexico, and I kept a pretty sharp look-
out. But one of the ladies I would have passed
almost with my eyes shut, she was such a pretty
girl, and had such an innocent, babyish face. I
had just asked her if she had any dutiable
articles, and she had just said, "Oh, no, sir,"
when I heard a peculiar muffled and whirring
sound, and then something tinkling out the old
tune, " My Dream of Love is O'er. " It seemed
to come from under her skirts, and then I re-
membered hearing of a clock striking once in a
woman's bustle, and tumbled to the situation.
You see that innocent little thing had bought a
liny music-box in a case covered with filagree
work, and somebody had suggested that she
should hide it under her clothes. I can't say
exactly how she attached it to her, but I know
that she accidentally touched some spring of
something and set the thing a-going. It kept
right on playing that tune until she got it out,
and then began to reel off '' The Blue Alsatian
Mountains.'' I thought the woman would faint,
and I heard her remark to a friend that she
would as soon think of packing around her a
clockwork infernal machine as to try the dodge
on again.
The Bush & Qerts Piano.
THE
Sterling Company, t
NYTHING the matter with the Bush &
Gerts piano, of Chicago ? Wide awake
dealers say "it's all right!" It is proving a
popular and good selling instrument, which can
be sold at a fair price, affording a fair compen-
sation to the dealer. Have you seen their new
Styles ?
MR. C. F. SHELLAND, of the McCammon
Piano Co., Oneonta, N. Y., who has filled the
office of postmaster of that city with distinction
since his appointment by the Republican ad-
ministration, has been succeeded by a Democrat.
It is safe to assert that Mr. Shetland's successor
will not be the possessor of the position for any
considerable length of time, judging from the
feeling in political circles nowadays.
ATTACHMENT AFTER TWO NON ESTS — PRO-
CEDURE—LIQUIDATED CLAIM.
MANUFACTURERS OF
1. On the issue of an attachment, under Code,
art. 9, § 24, after two non ests, the order of the
judge takes the place of and renders unnecessary
the magistrate's warrant required by the gen-
eral attachment law.
2. Since the amount of damages allowable for
breach of a contract to sell a note at less than
its face value is presumptively the difference be-
tween such face value and the agreed price, a
claim based on such breach is not one for un-
liquidated damages, for which an attachment,
by Code, art. 9, § 43, cannot issue without the
giving of a bond.
Pianos and Organs,
Dirickson v. Showell, Court of Appeals of
Maryland, March 13th, 1894.
i5
FACTORY :
DERBY, CONN.
It Is admitted by all that no piano ever put upon the
market has met with such success as THE STERLING
and thousands will testify to their superiority of work-
manship and durability. Why ? Because they are made
just as perfect as a piano can be made.
THE STERLING ORGAN has always taken the lead, and
the improvements made this year puts it far ahead ol
all others. ISfSend for Catalogue.
Hallet & Davis Pianos
THERE is a brand new swindle. Chas. Rukle,
of no particular address, is the energetic man
who puts it into application. His plan is to go
to piano stores, order an expensive job of repair-
ing to be done on a piano aboard some steamer
lying at one of the docks, and then remark that
he had a collection of parrots aboard which he
would sell cheap. Of course there was no piano,
no steamer and no parrots, but he generally
managed to sell a parrot and collect the price of
it before leaving the store. Detectives Hay and
Curry, of the West 37th street station, have
been looking for him a long time. They got
him in Charles Metz' piano store, No. 334 West
42d street, on Wednesday. He was sent to the
Island for two months from Jefferson Market
Court.— World.
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottschalk, Wehli, Bendel, Straus, Soro, Abt,
Paulus, Titiens, Heilbron and Germany's Greatest Masters-
Established over Half a Century.
BOSTON, MASS.