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THE MUSIC TRADE REVIEW.
Recent Legal Decisions.
[PREPARKD FOR THE MUSIC TRADE REVIEW.]
BILL-HEADING—GIVING RIGHT OF ACTION.
—The Court of Appeals cf Colorado held,
in the recent case of Lindsey vs. Flebbe,
that a bill-head containing the phrase
"This bill becomes due immediately, when HANUFACTURERS OF
purchaser suspends payment, removes, or
is closing out," gives a right of action be-
fore the expiration of the credit given by
the contract.
The Court says: " I t has
been adjudged in many well-considered
cases that the acceptance without objection
to a memorandum which contains limita-
tions, conditions, and terms, will establish
the assent of the receiver to the terms ex-
pressed in the paper, unless in apt time
and in some form he dissents from the con-
ditions. There are probably few cases in
which this proposition has been resisted For terms and territory address
with more vigor than in those suits which
have been based on bills of lading issued by
common carriers, containing conditions
limiting their common-law liability. It
must be conceded that most of the deci-
sions in this class of cases have upheld the
limitation, and have bound the shipper
when he has accepted the bill of lading, and
made no objection to its terms. Grace vs.
Adams et al., 100 Mass., 505; McMillen et
171 and 173 South Canal Street
al. vs. M. S. & N. I. R. R. Co., 16 Mich.,
79; Dent et al. vs. North American S. S.
CHICAGO
Co., 49 N. Y., 390; Boorman vs. The
American Express Co., 21 Wis., 154, 9 Nat.
Corp. Rep., 453.
High Grade . . .
PIANOS
>
BANK—NOTE—COLLECTION.—The
Ken-
tucky Court of Appeals held, in the recent
case of The Farmers' Bank and Trust Co.
vs. Newland, that when a customer deposits
with a bank a note, bill of exchange, cer-
tificate of deposit or check for collection at
a point distant from the location of the
bank, he does so with t the implied under-
standing that the bank will follow the cus-
tomary method in making such collection,
which necessitates the selection of agents or
correspondents at other points to carry out
Of * Course...
A high-grade piano costs more
than an instrument which is in
that class known as "medium,"
but what a satisfaction to sell a
high-grade piano, and how pleasant
to meet the customer and friends af-
ter the sale is made, particularly if it is a
BOURNE
Just make a minute right here to write
to 215 Tremont Street, Boston, and find
out about it.
THE
Sterling Company,
the undertaking, and the bank can only be
held responsible for the exercise of due care
and diligence in making such selection;
that except by agreement or usage a bank
has no right to take anything but money
in payment of paper it holds for collection;
that the usage of a bank to accept checks in
payment of claims it holds for collection is
binding upon a customer, whether he has
knowledge of the usage or not, in the ab-
sence of any direction by him as to the
mode of payment; that a check drawn upon
a bank is an absolute appropriation by the
drawer of so much money in the hands of
the banker to the holder of the check to re-
main there until called for, and cannot
after notice be withdrawn by the drawer,
and that where the drawer, after drawing
the check and before it is paid, makes an
assignment for the benefit of his creditors,
the assignment passes to the assignee no
interest in that part of the deposit thus ap-
propriated, and the holder of the check
may maintain an action upon it against the
bank upon which it is drawn.
NOTE—MORTGAGE—CANCELLATION.—The
Supreme Court of Indiana held, in the re-
cent case of Bowen et al. *vs. Julius, that
where an action is brought on a note before
its maturity to compel a cancellation of a
mortgage, a tender of the amount due on
the note by its plaintiff one day before ma-
turity is of no avail, as the mortgagee is
not bound to accept it before it was due.
HENRY NIEMANN'S church organ factory
at Baltimore, Md., was destroyed by fire
last Sunday. There was an insurance of
$3,000.
C. HENRY WEHK, brother of Robt. M.
Webb, had one of his fingers partly taken
off by a die at his brother's factory, Rock-
ville Centre, L. I., Wednesday of last week.
C. J. HEPPE, of Philadelphia, Pa., was in
town last Saturday seeing his two daugh-
ters off for Europe.
. .
STERLING.
MANUFACTURERS OF
Maximum
Tone Effects
Minimum
Cost
Pianos and Organs,
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 ©RGAN has always taken the lead, and
the improvements made this year puts it far ahead of
all others. |lp"Send for Catalogue.
Hollet £ Davis Pianos
Pipe Organ Results
Reed Organ Prices
In the Estey Phonorium
I 9
ESTEY
ORGAN CO.
Brattleboro, Vt.
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottselinlk. Wolili. Bendel, Straus, Soro, Abt,
Puuius, Titiens, lkilbi-ou au.l Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.