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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
SCIRE FACIAS—DEFENSE AS TO USE PLAINTIFF.
In scire facias to revive a 20-year old default
judgment on a note, defendant, admitting that
he had no defense against the original plaintiffs,
cannot allege, against one to whose use the
judgment has been recently marked, a defense
as to him, growing out of the fraudulent nego-
tiation of the note before suit was begun on it.
Supplee et. al. v. Halfmann, Supreme Court
of Pennsylvania, April 2, 1894.
manner of ordinary engravers. The designs are
metallic, chatoyant and brilliant, and, by bur-
nishing with a steel tool, they may be even
made to have the appearance of metallic inlaid
work. The adhesion is absolute. But it is
necessary to see that the glass as well as the
aluminum point are perfectly clean.
This property of aluminum permits of imme-
diately distinguishing the diamond from strass.
While, in fact, aluminum leaves a very apparent
trace upon crystals of the latter, it has no action
whatever upon the diamond.
PLEADING AND
PROOF—ANSWER—REPLEVIN—
DEFENSES.
1. Under Rev. St. 1894, § 357, providing that
several defendants may answer jointly or sever-
ally, as the facts set forth in the complaint may
require, each defendant may make his own de-
fense, and sustain it by whatever proof he can
produce.
2. In replevin by the seller of goods, after
notes given in payment therefor, and secured by
mortgage thereon, have become overdue, the de-
fendant as a defense, under the general denial,
may show payment in part, and damages from
breach of warranty.
C. Aultman & Co. v. Forgy et. al, Appellate
Court of Indiana, March 27, 1894.
Curious Property of Aluminum.
- CHARLES MARGOT, preparator at the
physical laboratory of the University of
Geneva, has recently made a curious discovery
concerning aluminum. He has found that if
glass be rubbed with a piece of this metal, very
brilliant markings will be obtained that no
amount of washing will cause to disappear. This
property of aluminum of adhering firmly to
glass, and to silicious substances in general, is
especially manifested when the rubbed surface
is wet with water or simply covered with a
stratum of aqueous vapor.
Mr. Margot has constructed a small aluminum
wheel which revolves very rapidly and with
which he makes designs upon glass after the
R. M. MCINTOSH, of Oxford, Ga., expects to
establish a large music publishing house in
Atlanta, Ga., in the fall.
THE establishment of a musical instrument
factory at Winchester, Ind., is contemplated by
C. A. Daniels, editor of a local paper, W. L.
Hadley and Lon Snedeker, of Richmond, Ind.,
provided the town of Winchester will give them
the ground to build on.
ACTION ON NOTE—DEFENSE—FRAUD—EVIDENCE
VERIFICATIONS OF PLEADINGS.
1. In an action on a note, given as a part of
the price of corporate stock, an answer alleging
that the makers and a third person organized
the corporation at the solicitation of the payee,
who stated that it would do a large and profit-
able business, and that it would be backed by a
certain bank to the extent of $10,000 ; that such
statements were untrue; that said makers be-
lieved that said payee knew them to be untrue ;
and that said payee had conspired with said
third person to control the corporate business-
present no defense.
2. The representation of said payee that in his
opinion the business of the corporation would
be lucrative was mere "trade talk, "and pre-
sented no defense to the note, where it did not
appear that the makers were not as well ac-
quainted with the facts as he.
3. The note providing only for payment in
money, evidence of a verbal agreement that the
payee would take the stock back if the makers
became dissatisfied, was inadmissible.
4. An affidavit to a plea, reciting that what is
Stated on affiant's knowledge is true, and that
what is stated on information is believed to be
true, is insufficient where it is impossible to sep-
arate what is known from what is unknown.
Riley et. al. v. Treanor, Court of Civil Ap-
peals of Texas, March 14, 1894.
AT the regular annual meeting of the Sterling
Company, held at Derby, Conn., Tuesday of
last week, the following officers were re-elected
to their respective positions: Mr. Rufus W.
Blake, president; Mr. J. R. Mason, secretary
and treasurer, and Charles H. Hubbell, superin-
tendent. Directors, R. W. Blake, J. R. Mason
and C. H. Hubbell. Notwithstanding the busi-
ness depression of the past year, the annual
statement showed that the condition of trade
with this house was very satisfactory.
WILLIAM M. THOMS, editor of the American
Art Journal, is in Europe.
HENRY BEHNING, J R . ,
of the Behning Piano
Co., is in the West.
MR.
HARVEY WENDELL, of the Marshall &
Wendell Piano Company, Albany, N. Y., made
JOHN CORL, who was one of the founders of a short trip through parts of the State of
the Schiller Piano Company of Oregon, 111., is Pennsylvania last week. Trade with this house
now connected with the Western Cottage Organ is on the whole good, but especially so all
Company, says the Musical Times, and is about through the South. Their more expensive
ready to produce the new piano on which he has styles of pianos are finding a ready sale.
been working. It will be called the Merrifield,
HERMANN LEONARD with Alfred Dolge &
after the president of the company.
Son, has been in the West during the past
week. He reports trade as rapidly picking up,
MR. BLIGHT, of Keller Bros. & Blight, Bridge-
and considers fall prospects as very bright.
port, Conn., was in New York last week.
KRANICH & BACH have favored us with a
reminder of their house in the shape of a book
of blotters with a handsome lithographic cover.
MR. WILLIAM P. DANIELS, of Mason & Ham-
lin's Fifth Avenue Warerooms, is spending a
two weeks' vacation at Manchester-by-the-sea.
MR. A. J. BROOKS, representative of the Ster-
ling Company, is making a trip through the
New England States.
LYON & HEALY continue to report business
as especially good. They declare that the
August trade in pianos beats the record. The
other departments of this great house show an
increased trade also.
WE are pleased to say that Freeborn G. Smith
finds himself much benefitted by his sojourn in
the mountains. We trust such good news will
continue to come from Mr. Smith's retreat.
MR. B. L. GRISWOLD, president of the B. L.
F. R. GILLLS, a composer of some note Griswold Music Co., St. Joseph, Mo., was mar-
in Washington, D. C , will be connected with ried last Wednesday to Miss Helen M. Kennedy,
Wm. A. Pond & Co., this city, after Sept. 4th. of that cfty. We extend congratulations.
MR. E. A. POTTER, of Lyon & Potter, has re-
turned from his vacation, and is once more in
harness, so to speak. Mr. Potter is pleased with
the business outlook.
MR.
THE STERLING COMPANY, Derby, Conn., have
turned out 75,000 organs since the organization
of the Company in 1866. A showing to be proud
of, indeed.
IT is a pleasure to see the familiar face of
George Bothner, Sr., at his old post again, look-
ing after the manufacture of the celebrated Both-
ner actions. Daring Mr. Bothner's indisposi-
tion Geo. Bothner, Jr., has managed the busi-
ness with signal ability.
MR. O. A. KIMBALL, of Boston, and Mr. H.
D. N. Wales, of the Emerson Piano Company's
Fifth avenue warerooms, attended the funeral of
Mr. C. W. Mendendall, who was connected with
the local warerooms. The funeral took place
from his son's home, Lumberton, N. J., Monday
of last week.
WE regret to chronicle the death of the bright
and promising daughter of Mr. John Newman,
of Newman Bros., the celebrated organ manu-
facturers, of Chicago. Miss Newman was four-
teen years of age, and her loss will be deeply
felt, not only by her family, but by htr circle of
acquaintances.
The...
KRELL
PIANO.
GEORGE C. CRANE,
97 Fifth Ave., cor. 17th St., New York.
EASTERN REPRESENTATIVE OF
T H E KRELL PIANO CO.,
Manufacturers of Strictly First-Class (Jrand & Upright Pianos,
CINCINNATI, O.
Reliable Agents Wanted in all Eastern Cities.