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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
-Tie
Type."
[t'REl'AXED EXPRESSLY ?OR THE MUSIC TRADE REVIEW.]
AUTHORITY
OP ONE PARTNER TO BIND THE
FIRM.
Within the range of the firm business one
partner may act for all, as to persons having no
notice of any limitations on the implied
authority. Beyond the scope of the partnership,
one partner may bind the others where the latter
would be bound under the general law of princi-
pal and agent.
Applying this sound law, the Supreme Court
of Missouri, in the case of Midland Nat. Bank v.
Schoen (27 S. W. Rep., 547), held that where
one partner invested the other with a general
authority to use the firm name upon notes for
his individual purposes, a third person, who ad-
vanced money for such notes on the faith of that
authority, could hold the first partner liable
thereon. Not only this, but on the facts stated,
it is not essential to a recovery on such notes to
show that the signing partner was authorized to
use the firm name on the particular notes sued
upon. If they were given pursuant to a general
authority, unrevoked, the liability would be the
same. It may well be added that the course of
business between members of a firm may tend to
show the authority of one partner to act for and
charge the partnership.
ACCOUNT—BALANCE;—DEBT.
The Supreme Court of Minnesota held, in the
recent case of Christofferson vs. Howe, that
when an account is stated the balance struck be-
comes an original demand, and the transaction
amounts to an express promise to pay that
balance, and except in case of fraud or mistake
the account cannot be examined to ascertain the
items of that balance, and when a new note is
given in settlement of the balance due on mu-
tual running accounts of which a debt secured
by a mortgage formed only a part, it is a satis-
faction and not a renewal of that mortgage.
i
INSURANCE.
••
In the opinion of the Supreme Court of Mis-
souri, as expressed in Havens v. Germania Fire
Ins. Co., 27 S. W. Rep., 718, the words
"wholly destroyed," used in reference to a
building, in either statute or an insurance
policy, must be taken to mean that the building
is totally destroyed, as such, though there is not
an absolute extinction of all its parts, and that a
building is none the less "wholly destroyed"
because part of the machinery had been removed
therefrom pending repairs, and stored in another
building, not exposed to the fire. There is a
very valuable article on the effect of these words,
in relation to insurance, by M. C. Phillips, Esq.,
in 33 Cent. h. J., 319.
A Christmas Eve Dinner.
MjftCCORDING to their annual custom, the
® S Bradbury Palace of Music gave their mov-
ers and porters a dinner Monday night. The
men had worked hard during the improvement
sale being conducted by the Bradbury people,
but they all felt well repaid for any extra exer-
tions they may have made after the repast had
been discussed. The occasion was thoroughly
enjoyed. Toasts were drank, speeches were
* *
made, stories were told, and rhymes and riddles
exchanged. The affair ended in a cake walk
and dance, and the guests departed at a late
hour, after thanking the host, Mr. W. P. Van
Wickle, for the generous treatment which they
had received at his hands.
A Satisfactory Condition.
RUSSELL
MONROEVILLE, O., December 29th, 1894.
TRADE REVIEW :
GENTLEMEN :—The last two months have
Music
(Successors to STARK & STRACK.)
PIANOS
MANUFACTURED BY
been remarkably good ones and closes the year
well onto that of 1892, and leaves us with about
150 orders carried over and all shipped out. We
very much appreciate the many good things you
have said of ourselves and our organs. I want
to offer one suggestion for your consideration,
and that is a plan to correct the troubles of de-
partment stores and other dealers securing the
same line of instruments that their competitors
do and thus injuring the trade in that way. Let
the warranty on each piano have a clause, some-
thing like this: "This warranty only good
when the piano is obtained thiough onr regu-
larly authorized dealer." Wishing you a pros-
perous and happy New Year, with kind regards,
we remain,
Yours truly,
EDNA P. & O. Co.
Popular Ideas of Inventors.
Hos. 171 and 173 South Canal Street,
.cHlrN a recent address, Mr. Alexander Siemens
^y said that it is a popular superstition that
CHICAGO.
the inventors are heaven-made, and that they
can produce useful novelties to order in any
branch of manufacture where a want exists, if
only their attention is drawn to it. " The his-
tory of the invention of the steam engine,'' he
added, " i s a well-known illustration of the
THE
t
point I wish to emphasize. According to the
popular version, Watt, a small boy, saw the lid
of a teakettle move up and down, when the
water was boiling, and this suggested to him
the construction of a steam engine. As a mat-
ter of fact, Watt made himself acquainted with
what had been done before (a point altogether
ignored in the popular version), and had to
work very hard before he brought his invention
to a successful issue. His example is typical
of the true method of progress, and we may
generally say that in order to approach a pro-
blem with the most certain prospect of success
It is necessary:
" 1 . To define, as accurately as possible, the
want that exists, or the paiticular object that is
to be attained.
" 2. To be well acquainted with the scientific
principles
which come into play.
MANUFACTURERS OF
" 3 . To know how the want is met, or the ob-
ject attained in practical life.
"4. To find out what proposals have been
made by others in the same or in a similar
case.
" A careful attention to these requirements
will prevent much disappointment and waste
DERBY, CONN.
It is admitted by all that no piano ever put upon the of energy, as will be obvious to all of you with-
market has met with such success as THE STERLING out further explanation."
Sterling Company,
Pianos and Organs,
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 Indicator says : There are two houses in
Chicago that are going to make a strong push
for their share of the retail trade in 1895. Both
THE STERLING ORGAN has always taken the lead, and
have already arranged for enlarged warerooms
the improvements made this year puts it far ahead ol
and an extra force of help. We refer to F. G.
all others. USTS-nd for Catalogue.
Smith and the Pease Piano Co.
Hallet £ Davis Pianos
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.