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THE MUSiC TRADE
CHRISTMAN SONS WIN SUIT
Brought Against Them by Geo, Schleicher in
Connection With Maintaining Large Signs
Upon the Roof of Their Building—Some In-
teresting Facts in Christman's Answer.
Christman Sons, the piano manufacturers who
have warerooms at 35 West Fourteenth street,
New York, had erected a large wire mesh and
canvas-covered sign upon their own roof, which
had the effect of obscuring certain signs of George
Schleicher, also in the piano line, next door.
The latter, claiming he had no adequate remedy
at law, brought an action to obtain an injunction
restraining Christman Sons from maintaining,
on their own roof, the sign advertising their own
business. The case, which was mentioned in
The Review at the time the bill of complaint was
filed, came on for trial before Justice Greanbaum
at special term, Part V, New York Supreme
Court, November 13. The court, after hearing
the plaintiffs testimony, stopped the case and
gave judgment' in favor of the defendants.
In the action the defendant had interposed
an answer in whicb Christman's claimed that
George Schleicher had been guilty of and asked
an injunction to restrain him from unfair com-
petition in trade in various respects, among
others, that Fourteenth street was a public high-
way and an important business thoroughfare
upon which the trade was largely transient; that
George Schleicher had caused to be erected large
swinging signs over and in front of his premises
which obscured Christman's place from the view
of persons coming along Fourteenth street from
the direction of Sixth avenue, and claiming that
such signs of George Schleicher were a public
nuisance. Christman Sons also claimed in their
answer that the defendant was in the habit of
stationing wagons and trucks in the street in.
front of Christman's place of business, so as to
obscure his signs and store from the view of
those passing along the other side of the street;
and in that upon such trucks Schleicher adver-
tised, by signs, his own business.
Christman
Sons further
claimed
"that
Schleicher, with intent to injure and destroy
their business and to unfairly divert their trade,
had caused from time to time people to enter
Christman's store falsely representing that they
were customers, and by such means obtain
Christman Sons prices, and learn other facts to
enable them to undersell Christman's goods; that
Schleicher, with intent to injure Christman's
trade, in other respects unlawfully interfered
with Christman Sons in their business, among
others, representing to persons who entered his
store that he was "Christman" and "manufac-
tured Christman's pianos," and in that he sta-
tioned people outside of the Christman store to
distribute cards and other literature to those
entering Christman's store." And Christman Sons
asked for an injunction against George Schleicher,
restraining him from continuing to do these
various things.
Upon the trial, however, it developed that
George Schleicher had transferred his business
to a corporation known as the George Schleicher
Co., which was not a party to the suit, and there-
fore, Christman Sons were unable to obtain any
affirmative relief, the judge stating that it would
be necessary for them to bring a new action
against the George Schleicher Co. Judgment was
rendered in favor of Christman Sons, merely
denying George Schleicher's application for an
injunction, visiting the costs of the action upon
George Schleicher.
C. Bertram Plante was the attorney for Christ-
man Sons.
Herbert Murlin has purchased the music store
Of L. 0. Holiday in Holden, Mo.
The Matchless
CUNNINGHAM
REVIEW
OUR FOREIGN CUSTOMERS.
CHINESE EMPEROR'S LOVE OF MUSIC.
Pianos and Other Musical Instruments Shipped
The Late Kwang Seu Played the Piano and
Abroad from the Port of New York for the
Took Quite an Interest in Music—Experience
Week Just Ended—An Interesting Array of
of an English Manufacturer.
Musical Specialties for Foreign Countries.
(Special to The Review.)
Washington, D. C, Nov. 24, 1908.
The following were the exports of musical in-
struments and kindred lines from the port of
New York for the week just ended:
Algoa Bay—39 cases organs and materials,
$3,401; 1 case pianos and materials, $276.
Amapola—20 packages talking machines and
materials, $353.
Bremen—2 cases musical instruments, $110.
Brussels—2 cases piano players and materials,
$200.
Buenos Ay res—3 cases pianos and materials,
$275; 3 cases pianos and materials, $550.
Calcutta—3 cases organs and materials, $148.
Callao—7 packages talking machines and ma-
terials, $165
Charleroi—4 cases organs and materials, $142.
Colon—10 packages talking machines and ma-
terials, $222.
Havana—4 cases pianos and materials, $1,098;
5 packages talking machines and materials, $411.
Havre—2 cases piano players and materials,
$314; 7 packages talking machines and materials,
$215.
Kingston—11 cases phonographic goods, $123.
Liverpool—49 cases organs and materials,
$11,675.
London—12 cases organs and materials, $895;
30 cases piano players, $200; 787 packages talk-
ing machines and materials, $6,148; 1 case pianos
and materials, $215; 13 cases music, $1,005; 110
packages talking machines and materials, $2,865.
Melbourne—23 cases pianos and materials,
$949; 3 cases organs and materials, $150; 1,223
cases phonographic goods, $14,301.
Naples—6 cases pianos and materials, $650.
Para—4 cases pianos and materials, $847.
Porto, Spain—3 cases phonographic goods,
$174.
Southampton—3 cases musical instruments,
$129; 200 packages talking machines and mater-
ials, $5,112
Surinam—1 case pianos and materials, $146.
Sydney—16 cases piano players and materials,
$1,200.
Tampico—3 cases pianos and materials, $834.
Vera Cruz—1 case pianos and materials, $128;
39 packages talking machines, $684.
A PECULIARJPIANO SUIT.
Hotel Keeper Bought Piano and Collector for
Piano House Took Balance Due and Disap-
peared—Is the Piano Firm Responsible for
Act of Its Agent'
Just how responsible a piano firm are for the
acts of their agents is being threshed out in a suit
brought by the Bennett Piano Co., Albany, N.Y.,
against Roy Scace, a hotel proprietor of Sc-ho-
harie. The latter bought a piano for $275—$10
down and a thirty months' lease. After making
several payments the collector came around in
October, 1907, in an intoxicated condition, it is
alleged, and offered to take $215 cash for the
piano, allowing a discount of $22 from the bal-
ance due. The collector disappeared shortly after-
ward, and the Bennett Piano Co. tried to collect
for the piano from Scace, and failing, brought
suit against him for the amount. The case was
tried in a justice's court in Schoharie county, and
Scace won; this decision being upheld later by
the county court. The piano company then ap-
pealed to the Appellate Division of the Supreme
Court, and a decision is expected before the term
adjourns.
"The piano that
has hewn its way
to the front through
a solid wall of in-
telligent conserva-
tism."
Players
Grands
Uprights
If you want to join
the forward march
of our "pushful"
army of dealers,
write for prices, ter-
ritory and proposi-
tions.
An English piano manufacturer who spent
some time in Pekin told of the late Chinese Em-
peror's fondness for music and his interest in
pianos and other instruments of western make.
It is said that he performed himself upon the
pianos of the palace. Kwang Seu, hearing of the
presence in the capital of an English piano ex-
pert, desired him to look at the palace instru-
ments and see if he could put them into better
order. Several high officials, bearing an ancient
and evidently much thumped piano, arrived at
the Englishman's house and deposited their
precious charge. It was, said the manufacturer,
in horrible condition. The keys, besides being
brown with dirt, were covered with queer Chi-
nese characters which had been stamped on.
The instrument had not been tuned in many
years, if, indeed, it had ever had that experience
since it was new. The piano maker went to
work thoroughly and finally got the keys clean
and the instrument repaired and in fairly good
tone again. It was returned, and the Emperor
expressed his general satisfaction, but criticized
the removal of the Chinese writing from the
keys. That was not necessary, he said, and the
characters must be replaced immediately. The
manufacturer wondered if this meant that he
was henceforth to be in disfavor as a repairer,
but he was soon assured to the contrary by re-
ceiving several more pianos, an orchestrion and
one or two other queer instruments, upon which
he was requested to exercise his skill. For all
these services Kwang Seu sent his thanks
through an officer of the Imperial Guard.
But the end of the work had not come yet.
What was the Englishman's astonishment to re-
ceive a few days later a dilapidated jinrikisha
and a perambulator, much the worse for wear,
which articles, the Emperor requested, he was
also to put into proper order.
JENKINS SONS' CO. MAKE BIG PURCHASE.
(Special to The Review.)
Kansas City, Mo., Nov. 30, 1908.
The J. W. Jenkins Sons' Music Co. have pur-
chased the property at 1217-1219 Walnut street,
this city, the price being $105,000. While no
definite building plans have been decided upon as
yet it is rumored that the purchasers are con-
sidering the erection of a twelve-story building
on the site so arranged that a portion may be
occupied by their music business.
DEALERS SHOULD KEEP IN TOUCH HERE.
(Special io The Iteview.)
Dayton, O., Nov. 30, 1908.
In order to equip the auditorium of the new
Montgomery County Memorial building with a
fine pipe organ, two pianos, a music library, pro-
jecting lanterns, with which to give illustrated
lectures, the Chamber of Commerce will make a
thorough canvass of the city and county within
a few weeks, the amount wanted for this equip-
ment being $15,000.
A number of the piano dealers of Denver, Col.,
are working hard to effect an organization of
piano dealers in that city along the lines followed
by similar associations in other cities and their
prospects for success are bright. There are many
things that need adjusting in the Denver trade
chief among them being the payment system,
some dealers having been known to agree to pay-
ments that would string out for from five to
seven years.
The Cunningham Piano Co.
OFFICE AND WAREROOMS, Chestnut and Eleventh Streets
FACTORIES. Fiftieth Street, Parkside Avenue and Viola Street
Philadelphia, Pa.