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V O L . XXXII. N o . 2 5 . Published Every Saturday bj Edward Lyman Bill at 3 East Fourteenth Street, New York, June 22,1901.
WESER WINS IN SUPREME COURT.
purely negative and somewhat contradictory
testimony of hotel employees. Under the
A New Trial Ordered in the Suit to Recover Pi- notice given the defendants could not ac-
ano Rented to Boarder in Hotel — First Suit
Under Hotel Lien Law—An Important Prece- quire any lien.
"Judgment reversed and new trial or-
dent Established.
dered with costs to abide event."
The decision just announced of the Su-
The contention of Calvin L. Weser, who
preme Court of the State, Appellate term, furnished the piano, was that the oral agree-
in the matter of Calvin L. Weser against ment with the hotel clerk furnished compli-
Sylvia Thorne and others is a highly im- ance in intent, with the law's requirement.
portant one, as it has a direct bearing- on On the other hand, the hotel keeper insisted
one phase of the retail piano business. that written notice was necessary. The Su-
This case has already been stated at consid- preme Court upholds the piano owner's view.
erable length in The Review, but a summary This case is of unusual interest, being the
here may be of service.
first case had upon appeal since enactment
In August, 1900, Sylvia Thorne, sister- of the statute of 1899, which is an amend-
in-law of Edna May, the. well-known actress, ment of the Lien Law of 1897, passed
rented a piano from Calvin L. Weser. When through the efforts of the New York Piano
the Weser collector called at the Gerard Ho- Manufacturers' Association.
tel for signature to contract, also for pay-
The date of new trial has not yet been
ment of bill, Miss Thorne was resting in fixed.
her apartments. The hotel clerk learned
PALLE WITH KNABE.
the collector's business and took charge of
contract and bill.
The Well-known Action Man to Have Charge of
the Piano Action Department at the Factory
Later, Miss Thorne owed $180 for board
of Knabe & Co., in Baltimore.
at the hotel. Lien was placed by the hotel
keeper on the piano. He refused to deliver
August Palle, who for twenty-three years
up the instrument to Calvin L. Weser on had been connected with the Herrburger-
demand, claiming that he had received no
Schwander action house of Paris in the
proper notice of rental, as called for in sec. capacity of foreman, and more recently as
71 of the Laws of 1899. from the piano manager of their New York interests, has
owner. Calvin L. Weser then brought ac- entered the employ of Wm. Knabe & Co.,
tion to recover the piano, pleading sufficient of Baltimore, and will have charge of the
notice.
department devoted to the manufacture of
When the case came up before Judge Hoff- piano actions. In view of the fact that he
man in the District Municipal Court in April has been given carte blanche in this branch
last, it was held that the conversation and of their business, we would not be surprised
arrangement for delivery of papers between to note the inauguration of some improve-
the hotel clerk and the collector did not con- ments, although, up to the present time the
stitute sufficient notice. Judgment was given Knabe action has always occupied one of
in favor of the hotel for $180.
the foremost positions, as far as construc-
tion,
touch and elasticity are concerned. Mr.
Appeal was then taken to the Appellate
Term of the Supreme Court. The case was Palle's acquaintance with practically all of
bitterly fought on both sides. Samuel Sturtz the actions manufactured in the world, and
represented Calvin L. Weser. The hotel the experience which he has gained in this
keeper had as his legal representatives the connection, will insure the very highest pos-
firm of Black, Olcott, Gruber & Bonying. sible standard of workmanship in the action
The justices were Scott, Beach and. Fitz- department of the Knabe factory.
gerald. The decision of the Municipal Court
has just been reversed. It reads as follows:
On Saturday last the employees of the
"The positive testimony of the plaintiff's
witness, Stover, of having left the contract Hamilton Organ Co. had their annual pic-
of rental and the account for the first month's nic and outing at Chicago Heights, 111. Five,
rental with the clerk of the hotel is'sufficient hundred people were conveyed to the scene
to establish the giving of the notice neces- of operations by a special train, where a
sary to charge the defendants with knowl- good time was enjoyed. The Hamilton Co.
edge that the piano was the property of the very generously covered all expenses of the
plaintiff and was not owned by the guest. trip and gave the employees their full day's
This is clearly shown, notwithstanding the pay.
$2.00 PER YEAR.
SINGLE COPIES, 10 CENTS
EXPORTS REACH HIGHEST POINT
For the Fiscal Year Now Closing —A Remarkable
Record—Europe Our Largest Purchaser.
[Special to The Review.]
Washington, D. C , June 21, 1901.
Exports from the United States in the fiscal
year 1901. now about to end, will probably
reach $1,500,000,000, the highest point ever
recorded for a single year in the history of
our export trade. For the eleven months
ending with May 1901 the total exports were
$1,385,013,595, being double those of the
corresponding period of 1889, and $100,000,-
000 in excess of the total for the eleven
months of last year, which broke all previous
records. Taking the commerce of the eleven
months ending with May of various years
as the basis of comparison, the figures of the
Treasury Bureau of Statistics show that dur-
ing the period under review our exports in
1889 amounted to $694,133,804; in 1894, to
$834,636,085; in 1899, t o $1,130,629,075;
in 1900, to $1,285,831,125, and in the present
year as already stated $1,385,013,595; while
for the full fiscal year our total exports give
promise of exceeding one and a half billion
dollars, as the eleven monfhs' figures only
fall $115,000,000 short of that amount, and
the monthly exportation of merchandise from
the United States has exceeded $120,000,000
since March 1 of this year.
The distribution of our exports during the
year among the grand divisions, basing the
estimate upon the percentages for 10 months
already available, will be in about the follow-
ing proportions: to Europe, $1,155,000,000,
as against $1,040,000,000 last year; to North
America, $195,000,000, as against $187,300,-
000 last year; to South America, $44,000,000,
as compared with $38,900,000 in 1900; to
Asia, $48,000,000, as against nearly $65,000-
000 in 1900; to Oceania, $36,000,000, as
against $43,400,000 last year; and to Africa,
$26,000,000, as against $19,500,000 in the
preceding year. It w r ill be observed that the
only decreases will be in our exports to Asia,
where unsettled conditions in China have
seriously affected trade, and to Oceania, from
which Hawaii has been omitted as a foreign
country since its organization as a territory
of the United States.
THE RUMOR IS FALSE.
The B. Dreher's Sons Co., of Cleveland,
O., inform The Review that the rumor is
false that they have any intention of pur-
chasing the Shaw Piano Co.'s factory or of
manufacturing pianos.