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THE
REVIEW
fflJSIC TIRADE
V O L . X X X V I I . No. 15. Published Eyery Sat. 1 j Elwari Lyman BUI at 1 Madison Are.. New Tort
NOTABLE PIANO SALES" AT EILERS.
A DECISION OF INTEREST
Just Rendered by Judge Bennett of the Municipal
Court—An Interpretation of a New York State
Law Which Favors the Debtor.
[Special to The Review.]
Portland, Ore., Oct. 5, 1903.
During the past week there was pur-
A decision rendered by Justice Bennett of chased at Eilers Piano House, two very
the Municipal Court last week goes to prove handsome Hobart M. Cable pianos, for the
that creditors who wish to recover under a use of Portland Academy. These instru-
recent statute of the State law must cover ments were selected by Prof. E. E. Cour-
every point in the case or run the risk of hav- sen, teacher of music at the academy, and
ing an adverse decision. In other words, the one of Portland's leading musicians. The
law is full of technicalities for a debtor to slip Hobart M. Cable is a piano famous for its
sterling construction and great endurance,
through.
The law passed in 1892 and published in as well as the great beauty of its tone
these columns at the time
quality, and is largely used by educational
"provides that a sale of any portion of a stock institutions.
of merchandise other than in the course of the
This sale is another notable instance of
seller's business, shall be fraudulent and void
as against creditors unless both the seller and the high estimation in which Eilers Piano
purchaser shall at least five days before the House is held by the musicians of the
sale make a full and complete inventory of West. But a few weeks ago Professor
the cost price of each article to be sold. The Irving M. Glenn purchased there no less
purchaser must also in good faith inquire as than five pianos for the use of the Uni-
to who are the seller's creditors, and what
amount each is owed, and then notify them versity of Oregon, two of them being the
famous Kimball make; also a Whitney, a
by mail of the proposed sale."
Hinze
and a superb Chickering grand.
In an action in which Jaheel Friedland
The
latter
now occupies the place of honor
sought to recover damages under this statute
in
Villard
Hall. Just previous to the
against Max Wexler, Justice Bennett ren-
opening
of
the
present school term, Pro-
dered a decision dismissing the complaint be-
fessor
I.
J.
Cogswell,
of the University of
cause the plaintiff failed to prove affirmative-
Idaho,
also
purchased
at Eilers Piano
ly that the defendant had not complied with
House
a
very
choice
Weber
concert grand
the act in question.
piano,
and
at
the
same
time
selected for
The decision in part follows:
himself
an
elegant
Weber
parlor
grand.
"It seems to me that construing the act
most favorably to the plaintiff, the legislative Eilers Piano House has sold instruments
intent was that, if a man sold his entire stock to no less than 43 educational institutions
of merchandise in bulk, the provisions of the in Oregon, Washington and Idaho, to say
act relative to the making of the inventory
and the notice by the purchaser should be nothing of the scores of musicians who use
complied with. There is no proof before the one or more fine instruments which have
court that such conditions were not complied come from this popular emporium.
with. This is an action based upon allega-
tions of fraud, which are never presumed to
be true, but must always be proved to be so.
The plaintiff relies upon the statute, and must
bring himself directly within it. Before judg-
ment can be granted in his favor he must, it
seems to me, prove that the defendant sold
his merchandise in the way which the law
makes fraudulent, and that no burden what-
ever is cast upon the defendant until a pre-
sumption of fact against him is raised by
proof. The statute is a peculiar one, and it
is apparent that if valid it seriously affects the
value of property, in that it renders difficult
the sale by the owner of his entire stock at
one time. No one can purchase a business
and be sure that he is not buying a lawsuit
with it. The question of the purchaser's rea-
sonable diligence in notifying the seller's
creditors can, it seems to me, be always raised
by the creditor, even where fair compensa-
tion has been paid, and the purchaser be com-
pelled to take his chances in court as to hav-
ing the sale set aside for a violation of the
prodivisions of this statute, even after he has
paid full price for the goods."
BANDS FOR THE ST. LOUIS FAIR.
A cable from Paris, dated Oct. 3, says:
"The leader of the famous band of the Re-
publican Guard gave a long rehearsal yes-
terday before George Washington Stew-
art, of Boston. Mr. Stewart was satisfied
with the performance, and may engage the
band for the St. Louis Exposition. It is
reported that Mr. Stewart has already se-
cured the English Grenadiers and the
crack Russian regimental bands. He
started for Berlin to-day to obtain a Ger-
man military band. It is said that the band
of the Grenadier Guards and the Russian
band will each receive $50,000 for the sea-
son in America."
Oct. 10,1903.
SINGLE COPIES, 10 CENTS.
$2.00 PER YEAR.
RUSHING IN ROCKFORD.
The Business of the Haddorf Piano Going Rapidly
Upward—Lines Handled by the Local Dealers
—The Superb Standing of the Schumann.
[Special to The Review.]
Rockford, 111., Oct. 2, 1903.
The business of the Haddorf Piano Co.,
whose factories are located in this city, has
gone steadily forward by leaps and bounds.
Shipments from this time on will be neces-
sarily large, for orders are pouring in at a
rate which insures a vast output to keep
inside of the orders.
Some of the latest Haddorf pianos are
conceded to be unusually attractive by pi-
ano connoisseurs.
O. J. Wigel, the well known dealer, sells
the Haddorf piano locally, and is display-
ing some fine styles in his warerooms. Mr.
Wigel is also agent for the Chickering, A.
B. Chase and other pianos. He will move
shortly into his new store. He has been
fourteen years in Rockford and controls a
large trade.
Byrant E. Wade is having splendid s u e
cess with the Schaeffer piano and Jthe
Capen, of which he has sold a large num-
ber. He carries as well the Big Four line,
and is a great admirer of the progressive
spirit of the Rochester piano syndicate.
L. C. Brown, who has beautiful show
rooms here has the Weber and Davenport
& Treacy, Schumann, Barnes and Ply-
mouth pianos. The Schumann pianos,
which concern has a large factory in this
city, has an excellent standing here among
the music lovers of this city. Mr. Brown
has disposed of a good many Schumann
instruments in this neighborhood to high-
ly cultivated musical people.
DINES OFFICERS AUSTIN ORGAN CO.
[Special to The Review.]
Hartford, Conn., Oct. 3, 1903.
Colonel L. R. Cheney was host at a din-
ner, enjoyed by the officers and directors
of the Austin Organ Company, of which
he is treasurer, at the Hartford Club. The
business is in such a prosperous condition
that the company have to decline orders
for delivery before mid-summer, though an
effort will be made to complete the new in-
strument in the First Baptist Church ear-
lier.
R. P. Elliot, the secretary, sailed Thurs-
day, on La Lorraine for an absence of
some two months in Europe, where he will
The Otto Grau Piano Co., of Cincinnati, visit the London agency and give some
are having an excellent demand for the time to an examination of the recent impor-
tant organs.
Sohmer and Capen pianos.