Music Trade Review

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THE MUSIC TRADE REVIEW.
Whitney-Marvin Piano Co.'s New
Quarters.
T
HE Whitney-Marvin Piano Co., De-
troit, Mich., have signed a lease for
the second and third floors of the new
Valpay building, Woodward avenue, and
will take possession around the first of
March These new quarters are central,
spacious and handsome. They are well
equipped with elevators, and will undoubt-
edly make magnificent warerooms and
offices. The Whitney-Marvin Co. will not
give up their present quarters for some
time to come, and it is possible that their
new establishment will be devoted almost
exclusively to musical instruments.
The Colby Piano Co.
A PROGRESSIVE CONCERN THAT ERIE IS JUSTLY
PROUD OF.
MONG the many flourishing institu-
tions in Erie to which our citizens
point with justifiable pride, there are prob-
ably none that are becoming better known
or making greater progress than the Colby
Piano Co. This company was established
in New York in 1859, and incorporated in
Erie in 1888, and there are now over 26,-
000 of their pianos in use, over 500 of them
being in use in Erie alone. All the Cath-
olic schools in this city and in northwestern
Pennsylvania use the Colby exclusively.
The company have received hundreds of
testimonials from leading families of the
city and from dealers and purchasers in
every city in the Union, and the demand
for their superior instruments is now
greater than ever. The reason for this is,
they are made in a first-class manner
throughout, the action being the best, the
material and workmanship the very latest,
and the scale perfect. They take great
pride in the productions of their factory,
and they are getting their reward in con-
stantly increasing sales.
The warerooms at 1222 State street have
recently been refitted in a handsome man-
ner, and the factory greatly enlarged, the
latter being now one of the finest and best
equipped in the United States.
The Colby Piano Co. is composed of solid
business men, and is responsible in the
highest degree. Mr. W. J. McCarter is
president and treasurer, Mr. W. L. Darling,
vice-president, and Mr. C. C. Colby is
superintendent of the factory.—Erie Dis-
patch.
A
The flarshall & Wendell Piano.
T
HE Marshall & Wendell pianos are
right in the fight for "big trade"
during 1896. Alfred Schindler is the
doughty knight who is "going to break a
friendly lance" in their interest—he is
going to convince dealers that it will be to
their advantage to give these instruments
a trial. They have a good name, careful
manufacture, artistic architecture and mu-
sical qualities to recommend them.
Fires!
MUSIC TRADE ESTABLISHMENTS IN TYRONE,
PA., NEOSHO, MO., MANISTEE, MICH., AL-
TOONA, PA., SUFFER DAMAGE BY
FLAMES.
Recent Legal Decisions.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
MORTGAGE— INDEBTEDNESS—SALE.—The
Supreme Court of Louisiana held, in the
recent case of Roehl vs. Porteous, that
HE fire king has been having a royster. where one of the obligors on a mortgage
ing good time during the past week, promised the mortgagee that he would pay
judging from the number of fires reported the amount of the indebtedness in the
from different parts of the country. At
event of the sale of the property mortgaged,
whatever the property would bring, he was
TYRONE, PA.,
\/\
not concluded so as to prevent him from
the piano and organ warerooms of Jones
recovering one-half of the difference be^
Bros, was damaged by fire to the extent of
tween the purchase price and the amount
nearly $8,000. About one-half of his stock
of the indebtedness, the proof being that
was saved, much of which was in a damaged
in promising to pay he stipulated in good
condition. Insurance, $7,500, which will
faith for the proceeds of the sale of the
cover the loss.
property to be credited on their indebted-
NEOSHO, MO.
ness, and that after that credit he would
In this town the Matters-Mason Co. pay the remainder of the obligation to the
suffered a loss of $1,200 on their general mortgagee, plaintiff having alleged that a
stock, embracing musical instruments. sale had been made, and that half the
difference was due him between the pur-
Insurance amounts to $1,000.
chase price and the amount of the indebted-
MANISTEE, MICH.
ness of himself and his co-obligor (it being
The three-story Englemann block which a joint venture). The court held that judg-
was occupied among others by R. B. ment must be suspended until proof was
Pierce, dealer in pianos, organs and general made of the price at which the land was
merchandise, was gutted by fire on Jan 28. sold; that although plaintiff was subro-
Mr. Pierce sustained a loss of $3,500. His galed, he could not recover one-half of the
piano stock was insured for $1,500.
difference (one-half balance of indebted-
ness) without establishing what that differ-
ALTOONA, PA.
Fire was discovered in the piano repair- ence was, and could not recover the entire
ing factory of Paul Vetter, in the rear of claim on an allegation that half the differ-
417 Fifth avenue, on the morning of Jan. ence between the price and the indebted-
29th. Before anything could be done to ness was due him ; that having undertaken
stop the flames the building and contents, to give his co-obligor in solido credit for
consisting of four pianos, seven organs, one his interest in the land sold, it must be a
pipe organ and a number of valuable tools, credit based on a valid sale proved, and
were completely destroyed. There was a that the laws of a sister State must be
small insurance, amounting to about $1,000. proved as facts and the foreclosure of mort-
gages legal under the laws of the situs of
COUNCIL BLUFFS, IA.
the realty.
In moving a safe in the store of the
NOTE — INTEREST — STIPULATION.— The
Mueller Music Co., Monday, it became
necessary to move a desk and some boxes, Supreme Court held, in the recent case of
which had stood undisturbed for three years Scott vs. Liddell, that where the principal
or more. Behind the desk was found a box on a promissory note was made payable a
of matches, the sulpher ends of which were given number of years after its date, with
burned and charred. Fortunately, the box a stipulation in the note for the payment
had been so tightly closed and other condi- of the interest annually, the contract to
tions had been such that the fire did not pay interest was severable from that to
get outside of the box, and merely burned pay the principal, and a suit for interest
the ends of the matches along one side of past due could be maintained without re-
the box; but the find explains how narrow gard to the time when the note matured as
an escape was had from a disastrous con- to principal; that this being so, it followed
flagration, the origin of which, had it that the payee of such a note could lawfully
occurred, would have remained a mystery. assign to another the principal thereof and
reserve to himself the interest, with the
right to collect the same, and that where
Will Sell the Decker & Son Piano such a note also contained a stipulation
that the principal should become due in-
• ' A MODERN piano, at a moderate stanter on thirty days' default in the pay-
/ \
price, full of excellences, to be had ment of any interest installment, and before
on moderate terms," is the motto of the any default in the payment of interest had
new piano house just opened by Messrs. occurred the payee assigned to "another the
Charles & Mayer, at No 541 Fulton street, principal only of the note, reserving the
a few doors below DeKalb avenue, Brook- interest and the right to collect the same,
lyn. This is the only store for the sale of such payee could, as between himself and
Decker & Son's famous pianos in the the maker of the note, lawfully extend the
Greater New York. The firm desire all time of paying any annual installment of
intending purchasers of pianos to call and interest, and his so doing would not as to
the assignee render the principal of the
test the instruments.
T