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THE MUSIC TRADfi REVIEW
Privileged Communications About Credits.
THE NATIONAL PIANO MANUFACTURERS ASSOCIATION HAS A LEGAL RIGHT TO CIRCULATE CON-
FIDENTIAL LITERATURE CONCERNING INDIVIDUALS.
A ridiculously absurd and false statement coi'rect information. . . . . as to the finan-
cial standing of business men and merchants
concerning an alleged "black-list" issued who have dealt with any of its members." Con-
by the Piano Manufacturers' Association cerning the communication alleged to be libellous,
the court says: " I t was important as bearing upon
has been published by a local paper. The the question whether, as a business man, the
entire article is full of glaring inaccuracies plaintiff was entitled to credit and confidence,
which every member of the defendant's organi-
and falsehoods, and the statement that a zation had a right to know." Merchants are war-
manufacturer had blacklisted a particular ranted in finding out all they can about those
whom they are asked to tiust. " A s a necessary
concern because he did not desire him to consequence," the court holds, "they may make
purchase from any other firms could have inquiries of other merchants or other persons who
may have information, and, if such merchants or
only originated in a paretic brain.
other persons in good faith communicate the in-
which they have, the communication is
According to the best legal authority in formation
privileged.''
the country, merchants or manufacturers
This is in accordance with many previous decis-
have the right to combine for their own ions in suits against commercial agencies and cred-
it bureaus, and puts the associations of merchants
protection and to give to each other such on the same plane. Judge Davy, in a clear anal-
information as may be of value. That in- ysis of the rights of the plaintiff, held that to be
entitled to receive damages, "he must show that
formation must be truthful and generally the publication was both false and malicious." As
restricted to members. The subjoined ar- this was not done, the non-suit was ordered. This
decision, and the many precedents cited by Judge
ticle from the Evening Post will interest Davy, seem to establish it as a well-defined prin-
business men and will serve to dissipate ciple in law, that merchants have the undoubted
right to combine for their own protection, to give
entirely the false impression disseminated each other such information as is, or may be, of
by the "dangerous" report of our mislead- value, and to refuse credit, or advise others to re-
fuse credit, to those who are deemed untrustwor-
ing contemporary.
thy. Such information, to be privileged, must be
In one way or another, the publication of infor-
mation needed by merchants for their protection
in the scrutiny of credits has given rise to a great
deal of bitter litigation. The commercial agencies
have had to defend so many suits of this kind, and
on complaints so various, that they are now rea-
sonably well fortified by decisions rendered by
appellate courts, covering every question of respon-
sibility likely to arise in connection with their
business. They are, consequently, sailing in a
carefully charted and well-buoyed channel. It is
not surprising, however, that associations of man-
ufacturers or wholesale dealers, formed to ex-
change useful information on the subject of credits,
with much less experience than the commercial
agencies in steering between libel and conspiracy
to blackmail—the Scylla and Charybdis of the
commercial agencies in their early days—should
incautiously and unconsciously lay themselves
open to legal attack.
As such associations are multiplying in number
and increasing in usefulness, and are recognized
as a trade necessity to supplement, verify, or cor-
rect the reports of the commercial agencies by in-
formation gained in experience, decisions helping
to define their rights and privileges are important
to business men in all lines of trade. A memoer
of a firm doing business in Rochester brought suit
against the officers and members of the Protective
Association of wholesale dealers and jobbers in
New York City, claiming damages for injury re-
sulting to him from the circulation of information
making it difficult for him to purchase goods on the
usual terms of credit to desirable customers. The
case was heard in the Monroe County circuit of the
Supreme Court by Judge Davy, who granted a mo-
tion non-suiting the plaintiff, on the broad ground
that the communication alleged to be libellous was
privileged.
The communication, which was made by the
Association to each of its members for their infor-
mation and protection, gave the details of an un-
satisfactory transaction between the plaintiff and
one of the concerns in the membership of that
body in 1896, which the plaintiff had failed to ad-
just by settlement or arbitration, as the rules of
the Association provided. Information of his un-
satisfied indebtedness was furnished to the mem-
bers, and placed his firm at a disadvantage—not
as cash buyers, but as buyers on credit. Feeling
himself aggrieved, because he was unable to
purchase on any other terms than cash before
delivery, he brought suit to recover damages for
the injury done him by the alleged libel.
The answer set forth that the Association was a
corporation duly organized under a law of the
State, which provides that twelve or more persons
may at any time form an association with power
to do a number of useful things, among others "to
diffuse reliable and accurate information as to the
standing of merchants" and persons connected
with the building trades. The court brushed aside
the contention of the plaintiff that this act was
unconstitutional and contrary to public policy, by
ruling that it was a general law, and that the priv-
ileges granted under it were strictly in accord with
public policy. The declaration of the court on this
point is significant: "A business such as that in
which the defendant is engaged, if properly con-
ducted and giving only correct information to
its members, is of the highest importance to
business men. A business cannot be charac-
terized as unworthy which aims only to give
nason &
n in
Chicago.
[Special to The Review.]
Chicago, 111., May 10, 1900.
The agency for the Mason & Hamlin
pianos and organs in this city has been
secured by Estey & Camp. This settles
the many rumors which have been flying
around for some time regarding the exact
party who would represent this celebrated
house in this section.
W. O. Bacon, who has acquired the
entire business of the old house of Estey
& Camp, intends to make this city a whole-
sale and retail distributing point for the
Mason & Hamlin goods, and in that con-
nection is going to pursue a progressive
policy in conformity with the traditions of
the Mason & Hamlin institution.
A Schenectady Incorporation.
[Special to The Review.]
Albany, N. Y., May 10,
1900.
truthful, without malice, and generally restricted
to members. Within these broad lines, such asso-
ciations may—at least in New York State—enjoy
their statutory privileges without fear of accounta-
bility to those who feel themselves aggrieved by
the exchange between members of information un-
favorable to their credit rating.
The Geo. A. Cassidy Co., of Schenec
tady, N. Y., has been granted a certificate
of incorporation by the Secretary of State,
for the purpose of carrying on a general
business in pianos, organs and other musi-
cal wares. Capital, $30,000. Directors:
Dana G. Prescott, of Concord, N. H., and
Levi A. Young and Geo. A. Cassidy, of
Schenectady.
A Successful Salesman.
Cavalli with Strauch.
Sometimes we hear different salesmen
complain as to the limited possibilities
which their field affords for promotion.
It is the class of men who are forever
complaining who never reap the reward
which they themselves figure that their
particular talents should entitle them to.
For the young men in the trade who en-
deavor to fit themselves for higher po-
sitions and work for their employer's in-
terests, there is always a bright future.
There are many illustrations, too, where
young men from modest beginnings have
worked up to positions of eminence.
A case in point: John G. W. Kuehl, in
Dec. 18th, 1880, entered the service of
Steinway & Sons in a humble capacity—
that of office boy. He did not remain
long in that position, and by his intelli-
gent work he steadily advanced himself
until he has reached an important position
in the salesmen's staff at Steinway Hall.
Mr. Kuehl has made many friends among
professional musicians, and in recent years
he has assisted Mr. Tretbar in managing
different pianists. He is popular, handles
all his customers with dignity and tact, and
the result is he stands high in the estima-
tion of his house. He has recently be-
come a stockholder in the Steinway cor-
poration. Mr. Kuehl is not one of the
gentlemen who takes a narrow view of the
piano field for young men. He is well
satisfied with what he has accomplished
and when free from business cares, enjoys
life to the fullest extent at Morristown,
N. J., where with his wife and little daugh-
ter, he resides in a beautiful suburban resi-
dence.
E. M. Boothe, of the Milton Piano Co.,
started on a Western tour on Monday. He
intends to visit Chicago during the N. P.
M. A. convention, and will probably par-
ticipate in the proceedings.
Ludwig Cavalli, who for a long term of
years had been connected with the Dolge
interests and more recently with the Amer-
ican Felt Co., will, after June 1st, represent
on the road the enterprising firm of Strauch
Bros., the well-known manufacturers of
actions, keys and hammers, of this city.
Mr. Cavalli has a host of friends in all
sections of the Union who will be glad to
come in contact more frequently with this
genial personality and who, in common
with The Review, wish him well in his
new sphere of activity.
Brockport Co. Officers.
At the regular annual meeting of the
Brockport Piano Co., which occurred May
3, the following Board of Directors and
officers were elected: Win. H. Parks, presi-
dent; D. G. Crippen, vice-president; Geo.
A. Witney, secretary; Chas. J. White,
treasurer. The foregoing, with Wm.
Dailey, W. H. Moore, constitute the direc-
torate.
The riehlin Advance.
The season's record of wholesale and re-
tail business at the Mehlin factory and
warerooms shows a growing appreciation
of the Mehlin products. The output of
Mehlin concert and parlor g a n d s has
been large. The Colonial Grand, style V,
has found many purchasers, and the Parlor
Grand, style W, is in great favor.
Among the various 1900 styles in Meh-
lin uprights, purchases have been fairly
well divided. The ''Colonial" Cabinet Up-
right, style C, has met with warm ap-
proval and is likely to remain in vogue for
a long time. This latter style is being
made in rosewood, fancy figured walnut,
and selected mahogany.