Music Trade Review

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id
THE MUSIC TRADE REVIEW.
means an enormous payroll in the great
Strich & Zeidler vs. Steinert.
wheel factories, and a large weekly distri-
bution of earnings. The money, like the
wheel, is ever on the go.
AN EXTRACT FROM COMPLAINT SHOWING BASIS
OF SUIT—A FEW WORDS ABOUT STRICH &
I think if some of the dealers who are
ZEIDLER'S PRODUCTS AND STANDING.
complaining so bitterly of the bicycle busi-
ness interfering with their trade can secure
the agencies for some first-class wheels that
E have been favored with a copy of
they would be in line to reap a benefit
the complaint in the suit brought by
while the craze is going. It would be much Strich & Zeidler in the Common Pleas
better than for them to sit and bemoan the Division of the Supreme Court at Provi-
sad fate which has overtaken them if they dence, R. I., against Albert Steinert, of M.
can get a little milk of the cocoanut as it is Steinert & Sons Co., for $25,000 damages
going round.
for slander.
I know of some dealers who have been
After the usual preliminaries relative to
shrewd enough to enter the bicycle business the standing and reputation of both plain-
at its inception almost, and have been sin tiffs and defendants in the suit, we give
gularly successful.
the gist of the complaint in the following
excerpt:
To wit, on the 31st day of March, A. D.
1896, at Providence aforesaid, in a certain
The Boston flusic Trade Associa- discourse which the said defendant then
and there had in the presence and hearing
tion.
of divers good and worthy citizens falsely
and maliciously spoke and published of and
concerning the plaintiffs as co-partners
MEETING of the Boston Piano and aforesaid in the way of their, said plaintiffs
Organ Trade, to act on the report of trade and business these false, slanderous,
the Committee on By-Laws and to complete malicious and defamatory words following,
that is to say: "This piano (meaning a cer-
the formation of a Music Trade Associa- tain piano before that time manufactured
tion, will be held at the Hotel Thorndike by the said plaintiffs) is a low grade, cheap
in that city, this evening, May 9th. After piano of the poorest workmanship, made by
business is disposed of a dinner will be an unknown concern (meaning the said
served. A circular has been issued to the plaintiffs, co-partners as aforesaid) who are
difficulties now and about to go into
above effect, signed by Geo. H. Chicker- in
bankruptcy (meaning that the said plain-
ing, president, and the following commit- tiffs, co-partners as aforesaid, were in
tee: E. W. Davis, Handel Pond, H. F. financial difficulties and were unable to pay
their debts and about to become bankrupt);
Miller, E. P. Mason and C. W. Smith.
last week a note of this firm (meaning the
said plaintiffs, co-partners as aforesaid) of
five hundred dollars went to protest"
Use of Descriptive Trade Name. (meaning that the said plaintiffs the week
before the date of said conversation had
been unable to pay their note for the sum
of Five Hundred Dollars; meaning and in-
QUESTION of much interest was tending to imply and charge that the said
decided by the English House of plaintiffs, co-partners as aforesaid, as manu-
of pianos were accustomed to
Lords recently in the case of Reddaway et facturers
manufacture and offer for sale cheap pianos
al. vs. Banham. It appeared that the ap- of a low grade and poorest workmanship.
pellants had been making belting of camel That said plaintiffs, co-partners, as afore-
hair for some time, and had stamped the said, were an unknown firm and were in
words "camel hair belting" upon their financial difficulties and about to become
goods, together with a camel as a trade- bankrupt and insolvent, and that they had
allowed their commercial paper to go to
mark. The respondent, a former employee protest).
of the appellants, made similar belting, and
By means of the committing of which
sold it with the words "camel hair belting" said grievances by the said defendant as
stamped upon it. In the trial court the aforesaid the said plaintiffs have been and
jury found that the phrase meant among are greatly injured in their said good name,
the people that bought the goods belting fame and credit, and also greatly injured in
their said trade and business and brought
made by the appellants, and no one else, into public scandal, infamy, and disgrace
and that the respondent had tried to pass with and amongst all their neighbors and
off his goods as those made by the appel- other good citizens, and with and amongst
lants. A judgment in favor of the respond- all persons engaged in the business of sell-
ents was reversed by the Court of Appeal ing and dealing in pianos, insomuch that
divers of these neighbors, citizens and per-
on the ground that the belting made by the sons
to whom the innocence, integrity and
respondent might, be fairly described as good reputation and financial responsibility
camel hair belting, and that he was entitled of the said plaintiffs in the premises were
to use these words. The House of Lords, unknown, have on account of the commit-
however, reversed the decision of the Court ting of the said grievances by the said de-
of Appeal, on the ground that while, as a fendant as aforesaid, and thence hitherto
suspected and believed and still do suspect
rule, no man can claim a monopoly in a and believe the said plaintiffs, co-partners
merely descriptive title of his goods, yet if as aforesaid, to have been and to be the
the facts show that by the use of this title a manufacturers of cheap low grade pianos of
trade rival is selling goods as if they were poor workmanship, to be as a firm in finan-
the goods of another, a case is made out cial difficulties and unable to meet their ob-
ligations, and to be upon the verge of bank-
for the interference of the courts.
ruptcy and insolvency, and to be not en-
W
A
A
titled to credit as manufacturers of pianos
as aforesaid, and have by reason of the
committing of the said grievances by the
said defendant as aforesaid and thence
hitherto refused and still do refuse to have
any acquaintance with the said plaintiffs or
to purcnase the pianos manufactured by the
said plaintiffs or to have any transaction
with the said plaintiffs in the way of their
said trade and business as they were before
accustomed to have, and otherwise would
have had; and by reason of the premises
the said plaintiffs, co-partners as aforesaid,
have been greatly vexed, harassed, op
pressed and impoverished,and have also lost
and been defrauded of divers great gains
and profits which would otherwise have
arisen and accrued to them in their said
trade and business and otherwise; and es-
pecially have lost the sale of and have been
unable to sell in said Providence great
numbers of pianos which, except for the
committing of the said grievances by the
said defendant, they would have been able
to sell and dispose of.
Without any desire to prejudge or dis-
cuss this suit at the present time, we think
it is due the firm of Strich & Zeidler to state
that their reputation, both as manufactur-
ers and business men, has been and is of
the highest.
The products of their factory have entered
into competition with many of the leading
makes of this country, and are considered
of a high grade and thoroughly reliable.
The Strich & Zeidler pianos have been
steadily growing in popularity, and dealers
consider them among their best sellers, and
in every respect satisfactory instruments to
handle. They are conscientiously made,
and their tone quality.and attractiveness of
design have commanded the praise and ad-
miration of musicians.
In financial circles t!:e credit of Strich &
Zeidler has been and is unquestioned.
They have conducted their business on
progressive lines, and their policy has been
an open and an honest one. They are
straight and aboveboard in all their actions,
and they have never thought it necessary to
criticise the products of a rival manufac-
turer in order to command business. They
stand well with their competitors, and are
generally esteemed for their honesty and
integrity.
Smith & Nixon Developments.
HERE is nothing of vital importance
to report from Cincinnati relative to
the Smith & Nixon affairs. Assignee
Woodmansee has been busy making tempo-
rary appraisements for the disposal of stock
in the various branch houses, and at the
same time completing his inventory and
putting in proper shape the much tangled
accounts of the concern.
It is expected that a creditors' meeting
will be held just as soon as the assignee can
outline a report. Many rumors continue
to exist as to the assets, and it is supposed
that the capital stock of the Smith & Nixon
Piano Manufacturing Co., Chicago, which
amounts to $100,000, will form part or
them, but nothing really authoritative can
be stated until the assignee has matters in
shape.
T