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Music Trade Review

Issue: 1901 Vol. 33 N. 2

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
. . . LUDDEN & BATES AFFAIRS IN COURT . . .
William Ludden Claims $62,000—Asks for Injunction—Charges That L & B. Music House is insolvent
—Music House Restrained From Collecting Money on Piano and Organ Contracts, Claimed by
Ludden—The Plaintiff Says an Agreement Entered Into With the Music House and the Mathu-
shek Piano Company Was Broken —Defendants Say They Are Solvent and Will Fight.
[Special to The Review.]
Savannah, Ga., July 9, 1901.
In the Superior Court here Judge Fal-
ligant granted Wiliam Ludden a temporary
restraining order in which the Ludden &
Bates Southern Music House is enjoined
from making collections on certain piano
and organ contracts amounting to about
$57,000. The plaintiff alleges that the de-
fendant company is insolvent and is in-
debted to him in an amount not under
$62,000.
The petition for an injunction is against
the Ludden & Bates Southern Music House
and the Mathushek Piano Co. The music
house is incorporated under the laws of
Georgia and the piano company under the
laws of Connecticut. The petition filed in
court and argument upon which will be
heard by Judge Falligant Saturday morning,
is a lengthy one and contains over forty
paragraphs and allegations.
It is stated that after negotiations, by
reason of the fact that the Music House was
. largely indebted to the Piano Company, and
to the petitioner, and was unable to meet
its indebtedness, a tripartite agreement was
entered into between the two defendants
and Ludden, on Aug. 16th 1899. It appears
in the agreement that the Music House was
indebted at that time to the Piano Company
in the sum of $192,161.83, and to Ludden
in the sum of $91,574.76. It is charged
that the Music House was then unable to
meet its indebtedness, and is now insolvent.
The plaintiff alleges that as soon as the
agreement was executed, he assigned and de-
livered to Henry S. Parmelee certificates
representing two-thirds of the capital stock
of the Music House, procured the resigna-
tion of J. A. Bates and J. D. Murphy, two
of the company's directors, and that Henry
C. Parmelee and C. C. Buckingham were
elected in their stead, all in accordance with
the agreement. As further agreed in the
contract at the first meeting of directors
in September, 1899, Parmelee was made
president of the Music House.
It is charged that about April, 1900, the
music and merchandise stock was materi-
ally reduced without the consent of Lud-
den, to whom it had been pledged as se-
curity, under the agreement. The differ-
ence in the valuation of the stock by its
reduction is estimated at nearly $1,500.
It is further shown that under the con-
tract the indebtedness to Ludden was to
be paid off by payments of $1,000 per month
for one year, beginning June 1st, 1899, and
after June 1st, 1900, payments of $1,500 a
month were to be made until the indebt-
edness was paid in full. It was agreed that
as often as payments were made to Lud-
den the Piano Company had the right to
draw $2 for one paid to the plaintiff. The
petitioner recites that up to the first of last
April the money was paid, and that then
$750 was paid on account of the April pay-
ment.
The plaintiff charges that between June,
1899, and April, 1901, the Piano Company
received about $40,000 more than it was
entitled to under the agreement and that
it is continuing to collect more than it is
entitled to, in total disregard and in viola-
tions of the rights of the petitioner as a
creditor of the Music House. It is further
shown that Henry S. Parmelee is president
of the Music House and the Piano Company
and that Henry F. Parmelee, his son, is
vice-president of the Music House.
It is contended that the Mathushek pianos
were not supplied at the prices, or under
the conditions agreed upon. The prices were
raised and payments were demanded before
they were due under the agreement. It is
charged that because President Parmelee's
pecuniary interest in the Piano Company
is larger than in the Music House the com-
pany has received the $40,000 which it is
not entitled to under the contract. It is
further charged that the Music House was
not permitted by President Parmelee to pur-
chase pianos and organs of other makes
and styles, such as were needed profitably
to prosecute the business. It is also con-
tended that the Music House failed to pay
to Ludden the amount due him under the
contract and still fails and refuses to pay
him.
The Music House is charged with hav-
ing failed to carry out one of its obliga-
tions when it did not assign to Ludden
piano and organ lien contracts on which
amounts are due. It is contended that there
were other violations of the contract, and it
is charged that Parmelee has not conducted
the business for.the benefit of the creditors
of the Music House, save only his Piano
Company, and his individual interest, and
that the rights of Ludden have not been
regarded, and that no effort is being made
to subserve them in any way.
It is related that the Music House be-
ing in default, Ludden, on April 8th, last,
through his attorney in fact Jaspersen Smith,
took charge of the music, merchandise and
fixtures, together with the books of accounts
and money on hand, contained in the store
at No. 140 Bull street. It is claimed that
the property taken covered everything in
the building, save the pianos and organs,
and things connected with that business.
It is alleged that the petitioner's attorney,
Smith, placed in charge of the property M.
Temple Taylor, who remained in possession
thirty days. At the end of that time it is
BEHR BR0S"'C0.
PIANOS
29™ST.&II™AVE
NEW YORK."
\1
charged he was illegally and forcibly dis-
possessed by the representatives of the Mu-
sic House, at the instance of President Par-
melee.
It is shown that on April 10th the plain-
tiff wrote the Music House and notified them
that because they had broken the contract
the full indebtedness was due, and that the
piano and other contracts with books and
papers had been taken. A similar letter
with 373 shares of the stock of the Music
House was sent on the same day to the
Piano Company. Ludden avers that for
many years the Music House had been in-
debted to him, and the course had been to
transfer to him the piano and organ con-
tracts made with the Music House, and due
to it as security for this indebtedness. At
the time the tripartite agreement was made
Ludden claims to have had on hand a large
number of these contracts, aggregating over
$85,000.
It is shown that when the plaintiff wrote
the letters claiming that the contract had
been broken the indebtedness to him amount-
ed to $63,824.76. At that time he alleges
that he had in his actual possession contracts
on which were due $57,013.33. On May
31st, last, there had been collected on these
accounts since April 10th about $1,284.62,
and since then there have been several col-
lections which may amount to a few hun-
dred dollars. The balance alleged to be
now due Ludden by the Music House is
not less than $62,000.
The plaintiff avers that while his rights
to collect these contracts is clear, the collec-
tion has been hindered and embarrassed by
written notices served in the name of the
Music House, but at the instance of Parme-
lee and Buckingham, who reside in New
Haven, upon the parties owing these con-
tracts, forbidding their payment to Ludden or
his agents. It is claimed that in this way
serious damage is done Ludden and dam-
age not easily ascertained. It is claimed
that these contracts are inadequate security
for the debt due and that the notices sent
out are particularly hurtful to the plaintiff.
Mr. Ludden alleges that by correspon-
dence, he has endeavored to adjust the mat-
ter, but without success. He avers that the
Music House is now actually collecting
money due under the contracts, notwith-
standing the fact that it refuses to pay the
plaintiff as required by contract. With this
showing the court is asked to grant a tem-
porary injunction.
It is desired to have the defendants en-
joined from serving notices upon parties in-
debted under the contracts, and from inter-
fering with the collection of this money by
the plaintiff, and from collecting or attempt-
ing to collect any part themselves. Also
from an interference with the right of Lud-
den to the possession of the music, mer-
chandise and fixtures, with the books and
accounts. From paying over moneys to the
Piano Company in excess of what it is en-
titled to under the contract. That the de-
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
18
THE MUSIC TRADE REVIEW
fendants be decreed to turn over to the plain-
tiff the property in the Savannah store of
the Music House.
That the Piano Company be decreed to
accept the 373 shares of stock, and that it
refund the amounts received by it in ex-
cess of the amounts payable under the con-
tract. That Ludden be decreed to have
full and free access to the files, records and
books of the Music House. That the plain-
tiff have judgment against the Music House
for the amount due. The petition is signed
and sworn to by Jaspersen Smith.
The Music House is represented by Wil-
son & Rogers, and the application for a
temporary injunction will be fought when
the case is called on Saturday. The, de-
fendants allege that the charge made that
the company is insolvent, is false, and that
the payments to Ludden have been made
promptly. They aver that the last check
for $1,500 sent him as agreed, was returned,
and that he broke the contract. The cor-
poration claims that all payments that were
due were promptly paid, and that the plain-
tiff refused to accept, and did return the
last check forwarded him. They say that the
Piano Company did not come into the pos-
session of the stock in any unusual manner,
and that Ludden knew full well that Presi-
dent Parmelee owned much of the stock
of the Piano Company. The defendants
will make this showing at the hearing.
Mr. Ludden is well known in Savannah,
and is now residing in New York. Mr.
Smith is his confidential adviser, and is in
the city in connection with the filing of the
petition for an injunction. He states that
Mr. Ludden is enjoying good health, and
is able to be at his office daily.
WESSELL'S NEW FACTORY.
The piano factory of Charles A. Wessell
has been removed from 546-548 Southern
Boulevard, to 222-224 East Thirty-seventh
street.
The new premises will be much
more spacious, consisting of a five-story fac-
tory with basement, the whole building be-
ing used by Mr. Wessell exclusively. The
move has been made necessary by increased
business, which has developed steadily since
the beginning of the year. The progress of
the Wessell concern is a compliment to the
men connected with it and the piano which
they manufacture.
PIANOLA FOR S. S. "DISCOVERY."
A lady member of the Baxter family,
so well known in connection with the indus-
trial development of Dundee, where the S.S.
"Discovery" has been built, has thoughtfully
presented Commander Scott, R.N., with a
Pianola and a quantity of music for the
entertainment of the members of the ex-
ploring party during their adventurous voy-
age to the antarctic regions, says Music, of
London.
At Chautauqua, N. Y., the Mason & Ham-
lin grand is being used by Sherwood at the
recitals which he is giving in conjunction
with Marcosson, the violinist, on Tuesday
afternoons during July and August. They
the under the capable management of Chas.
E. Brockington.
Piano Manufacturers and Corporations in the United States
NEW YORK CITV.
American Piano Mfg. Co. .
Bacon, Francis.
Baus, Augustus, & Co.
Baumeister, H.
Behning Piano Co.
Behr Bros. & Co.
Bunce, C.
Bent, R. M., & Co.
Bid die Piano Co.
Bloch & Co.
Boedicker's, J. D., Sons.
Bogart, E. B., & Co.
Bollerman & Son.
Braumuller Piano Co.
Byrne, C. E., Piano Co.
Cable & Son.
Cameron, A. B., Co.
Christman & Son.
Cole & Co.
Connor, Francis.
Davenport & Treacy.
Decker & Son,
Denninger, Frank.
Doll, Jacob.
Dusinberre & Co.
Estey Piano Co.
Fischer, J. & C.
Franklin Piano Co.
Gabler Piano Mfg. Co.
Gordon, Hamilton S.
Haines Brothers.
Hardman, Peck & Co.
Harrington, E. G., & Co.
Hazelton Bros.
Heppe, C. J., & Son.
Jacob Bros.
James & Holmstrom.
Keller, Henry, & Sons.
Kelso & Co.
Kittel, Alexander C.
Kohler & Campbell.
Krakauer Bros.
Kranich & Bach.
Kroeger Piano Co.
Laffargue & Oktavec.
Leins, E.
Lindeman, Henry & S. G.,
Lindeman & Sons Piano Co.
Lockhart & Co.
Ludwig & Co.
Mathushek & Sons Piano Co.
Mehlin, Paul G., & Sons.
Milton Piano Co.
Needham Piano & Organ Co
Newby & Evans Co.
Pease Piano Co.
Radle, F.
Ricca & Son.
Schubert Piano Co.
Sohmer & Co.
Spielmann, G., & Co.
Spies Piano Mfg. Co.
Stadie, Max.
Steck, Geo. & Co.
Steinway & Sons
Steinertone Co.
Strich & Zeidler.
Stultz & Bauer.
Sturz Bros.
Stuyvesant Piano Co.
Tonk, Win., & Bro.
Waters, Horace, & Co.
Weber-Wheelock Co.
Webster Piano Co.
Weser Bros.
Wessell, Chas. A.
Wilbur Piano Co.
Wing & Son.
Winter & Co.
Winterroth & Co.
SAN FRANCISCO, CAL.
Bruenn, Adolph.
Deitemeier^ Wm. F.
Fay, Robt. & Co.
Hornung, C. C.
Mauzy, Byron.
Pierco, Walter S., Co.
Statham & Co.
BOSTON, n A S S .
Bourne, Wm., & Son Co.
Briggs Piano Co.
Chickering & Sons.
Coops, C. W., Piano Co.
Emerson Piano Co.
Everett Piano Co.
Hallet & Davis Co.
Ivers & Pond. Piano Co.
Kershner Piano Co.
McPhail, A. M., Piano Co.
Miller. Henry F., & Sons Piano Co.
Needham & Bailey.
. New England Piano Co.
Poole Piano Co
Vose & Sons Piano Co.
Wentworth, V., & Co.
CHICAGO. ILL.
Bauer, Julius, & Co.
Bent, Geo. P.
Bush & Gerts Piano Co.
Cable Co., The Hobart M.
Cable Co., The.
Chickering Bros.
Clark, Melville, Piano Co.
ClemonsCo., C. B.
Detmer, Henry.
Gerold, C. A. -
Hamilton Organ Co.
Kaiser, Adolph.
Kimball. W. W., Co.
Lakeside Piano Co.
Leies, John & Son.
Newman Bros. Co.
Russell Lane Piano Co.
Schaaf, Adam.
Schaeffer Piano Mfg. Co.
Schulz, M., Co.
Schumann Piano Co.
Singer I'iano Co.
Smith & Barnes Piano Co.
Story & Clark Piano Co.
Straube Piano Co.
Sweetland, E.
Thompson & Co.
Tryber Piano Co.
White Piano & Organ Co.
Wick Co.
Zscherpe, B., & Co.
CINCINNATI, OHIO.
Baldwin Piano Co.
Ellington Piano Co.
Krell Piano Co.
Smith & Nixon Piano Mfg. Co.
Valley Gem Piano Co.
PHILADELPHIA, PA.
Albrecht Piano Mfg. Co.
Blasius & Sons.
Cunningham Piano Co.
Girard Piano Co.
Lester Piano Co.
Oeser & Co.
Painter & Ewing.
Sckomacker Pianoforte Mfg. Co.
Todd, Harold B.
MISCELLANEOUS
Ahlstrom, C. A., Jamestown, N.Y.
Anderson Piano Co., Van Wert, O.
Ann Arbor Organ Co ,
Ann Arbor, Mich.
Atisell Piano Co., T. M.,
Matewan, N, J.
Aurora Piano Mfg. Co. .Aurora, 111.
Bahnsen, T., Piano Mfg. Co.,
St. Louis, Mo.
Bam merlin Bros , Massillon, O,
Becker, John P.,
Detroit, Mich.
Beethoven Piano & Organ Co.,
Washington, N. J.
Bennett Co., W. C , Warren, Pa.
Brett Piano Co.,
Geneva, Ohio.
Brown, M. W., Hampton, N. H.
Boardman & Gray, Albany, N. Y.
Boston Piano Co,, Wooster. Ohio.
Brambach Piano Co.,
Dolgeville, N. Y.
Brewer-Pryor Co., Saginaw, Mich.
Brockport Piano Mfg. Co.,
Brockport, N. Y.
Buttell Piano Co.,
Schoolcraft, Mich.
Calix, E. F.,
Hoboken, N. J.
Chase, A. B. t Co.,
Norwalk, O.
Chase-Hackley Piano Co.,
Muskegon, Mich.
Clough & Warren Co.,
Detroit, Mich.
Colby Piano Co.,
Erie, Pa.
Cornish Co., Washington, N. J.
Earhuff, J. G., Co.
North St. Paul, Minn.
Foster & Co.,
Rochester, N. Y.
Germain Piano Co..
Saginaw, Mich.
Gibbons & Stone, Rochester, N. Y.
Girardy,L.E., & Co..Paducah,Ky.
Hagen, Ruefer & Co.,
Peterboro, N. H.
Haines & Co., Rochester, N. Y.
Halbisch, J. F.,
Louisville, Ky.
Harvard Piano Co., Dayton, Ky.
Held & Co.,
Brooklyn, N. Y.
Henning Piano Co.,
Brooklyn, N. Y.
Hinners & Albertson, Pekin, 111.
Hughes & Son,
Foxcroft, Me.
Huntington Piano Co.,
Shelton, Conn.
Jewett Piano Mfg. Co.,
Leominster, Mass.
Keller & Van Dyke, Scranton, Pa.
Kellmer Piano Co., Hazelton, Pa.
Knabe,Wm.,&Co.,Baltimore, Md.
Kurtzmann,C.,&Co.,Buffalo,N.Y.
Leckering & Co., Brooklyn, N. Y.
Lehr, H., & Co.,
Easton, Pa.
Looschen, Geo., & Co.,
Paterson, N. J.
Marshall & Wendell,
Albany, N. Y.
Martin Piano Co., Rochester,N.Y.
Mason & Hamlin Co.,
Cambridgeport, Mass.
Mathushek Piano Mfg. Co.,
West Haven, Conn.
Merrill Piano Mfg. Co.,
Lawrence, Mass.
Meuser Bros., Massillon, Ohio.
Newell, Geo. E., Findlay, Ohio.
Newman, E. P.,
Denver, Col.
Packard Co.,
Ft. Wayne, Ind.
Pittsburg Piano Co.,
Aspinwall, Pa.
Portsmouth Piano Co.,
Portsmouth, O.
Prescott Piano Co., Concord,N.H.
Pullman Piano Co.,
Richmond, Ind.
Raymond, F.L.,Co., Cleveland,O.
Richmond Piano Co.,
Richmond, Ind.
Schaff Bros. Co., Huntington, Ind.
Schiller Piano Co., Oregon, 111.
Schimmell &Co.,Faribault, Minn.
Schleicher & Sons Piano Co.,
Stamford, Conn.
Shaw Piano Co.,
Erie, Pa.
Shoninger, B., Co.,
New Haven, Conn.
Smith, F. G.,
Brooklyn, N. Y.
Sommer, C , & Co., Omaha, Neb.
Sporer, Carlson & Berry,
Owego, N. Y.
Starr Piano Co., Richmond, Ind.
Steger & Co.,
Steger, 111.
Stehle, Wm.,
Baltimore, Md.
Sterling Co.,
Derby, Conn.
Stratton, A. H., New Orleans, La.
Stieff, Chas M.. Baltimore, Md.
Toledo Piano Co., Toledo, Ohio.
Trowbridge Piano Co.,
Franklin, Mass.
Waterloo Organ Co.,
Waterloo, N. Y.
Weaver Organ & Piano Co.,
York, Pa.
WegmanPiano Co., Auburn, N.Y.
Western Cottage P. & O. Co.,
Ottawa, 111.
White, D. M., Piano Co.,
Brockton, Mass.
Wissner, Otto, Brooklyn, N. Y.

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