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THE MUSIC TRADE
MAY HOTEL_SEIZE PIANO?
Supreme Court Called Upon to Decide Whether
Chattel Mortgage or Hotel Lien Shall Have
Precedence in Awarding Possession of In-
strument—Interesting to Piano Men.
Justices Giegerich, Lehman and Pendleton, sit-
ting in the Appellate Term of the Supreme Court,
were called on to decide the puzzling question
whether a piano brought by a guest into a hotel,
for which a chattel mortgage has been given to the
maker, can be held by the hotel-keeper for a debt
due by his guest. The Justices reserved decision.
Mrs. Helene S. Cornell, possessor of the piano
in dispute, moved into the King Edward Hotel on
March 22, 1910, bringing the instrument with her
as part of her belongings. She owed Franklin
Matthews $113 of the purchase price, for which
she executed a chattel mortgage to him about that
date.
The Victor Hotel Co., by purchase, became owner
of the hotel on July 27, 1910. Between that date
and September 8, 1910, Mrs. Cornell incurred an
indebtedness to the hostelry of $77.85, for which
the Victor Hotel Co. held the piano.
Matthews brought a suit in the Municipal Court
tr. recover the piano or its value from the hotel
company, claiming that his chattel mortgage was
a prior lien to that of the innkeeper. A verdict
was rendered in favor of the Victor Co., and from
this Matthews appealed.
It was contended on behalf of Matthews that
even admitting that the hotel-keeper's lien took
precedence of any others, that as the Victor Hotel
Co. did not come into possession of the hotel until
some months after the execution of the chattel
mortgage it could have no right to seize the instru-
ment for any indebtedness which subsequently be-
came due by Mrs. Cornell.
For the hotel company it was argued that it
had, under the statute, a lien on any property
brought to the hotel by a guest, which took prece-
dence of all other liens, unless the hotelkeeper
knew when the guest brought the property to the
hotel that it was not legally the property of such
guest, boarder or lodger, or had notice of the fact,
and that the hotel company was unaware of the
existence of the Matthews chattel mortgage when
it came into possession of the King Edward, and
had received no subsequent notice of the lien. On
these grounds it was asked that the judgment ef
the Municipal Court be affirmed.
REVIEW
hogany case in their show window, and bids for
the instrument will be received until November 28,
on which day they will be opened and the piano
delivered to the highest bidder.
SALE OF STEVENS' BUSINESS.
Retail Store at Marietta Sold to Wainwright
Music Co.
(Special to The Review.)
Marietta, O., Nov. 13, 1911.
On Thursday of last week a deal was concluded
whereby the retail store and stock of the Stevens
Organ Co. was sold to the Wainwright Music Co.,
of this city, for a consideration of about $25,000.
Both of the interested firms are well and favorably
known to Marietta and the surrounding country.
The Stevens Organ & Piano Co. have for many
years past conducted the largest music house in
southeastern Ohio, and thoroughly worked the
trade from Wheeling to Portsmouth, and from
Zanesville to Clarksburg, W. Va.
That Mr. Stevens has been eminently successful
in his business, and that his firm has always en-
joyed the reputation of being one of Marietta's
most reliable and up-to-date business houses is a
fact too well known to need repeating. Mr.
Stevens retires from the retail branch of his busi-
ness on account of his declining health and in
order that he may devote his entire time and at-
tention to his organ factory on the west side of
the river and to the building of pipe organs, in
which line his firm are now having a very heavy
trade.
The purchasers, the Wainwright Music Co., are a
corporation, recently organized, and which took
over the rapidly growing business heretofore con-
ducted by W. E. Wainwright. This concern also
has on hand a large stock of musical instruments
and musical merchandise of all kinds.
NEW AND REDUCER CLASS RATES.
Just Published by the Trans-Missouri Freight
Bureau to Become Effective November 15th
—Substantial Reductions in Rates on Pianos
in Both Carload and Less Than Carload
Lots Reported by Freight Traffic Mgr. Moore.
Thomas C. Moore, freight traffic manager of the
National Piano Manufacturers' Association of
America, informs The Review that he is just in
receipt of copy of I. C. C. 273, published by the
Trans-Missouri Freight Bureau, announcing new
FOUND PIANO DEALERS BUSY
and reduced class rates, effective November 15,
Despite General Shyness of Capital, Says J. C. from and to Chicago, Duluth, Memphis, Peoria,
Mississippi river, St. Paul and Missouri river, and
Amie, the Sohmer Traveler—Call for High
points taking the same rates, or basing thereon,
Grade Pianos Prevails Everywhere.
from and to Ogden, Salt Lake City, and a large
number of other points taking the same rates.
J. C. Amie, the popular general traveling repre-
FROM CHICAGO.
sentative for Sohmer &, Co., returned recently
Classes.
1
2
3
4
from a most successful trip through the West and
$2.85 $2.40 $1.98 $1.00
as far as the Pacific Coast, and reported that, while Present rates
2.45 2.07 1.72 1.39
the actions of the Government against the trusts Effective Nov. 15
had had the effect of making capital timid and
Reduction.
$.40 $.33 $.26 $.21
thereby causing a slight money shortage, the ma-
The usual differentials apply from the Missis-
jority of the piano dealers called on were doing a
good business and in a position to order new stock. sippi river.
This effects a substantial reduction in the rates
Mr. Amie also stated that the trend throughout the
on
pianos in both carload and less than carload
country seemed to be toward the purchase of high-
grade pianos, those with a name of known value quantities, not only from and to the points named,
behind them, and the volume of orders he re- but from and to all points taking the same rates,
ceived indicated that the Sohmer piano was to he and from and to all points east of Chicago and the
included in that category. One of the most im- Mississippi river, where the through rates are made
portant deals made on Mr. Amie's trip was the by adding to the rate from or to Chicago or the
placii'g of the Sohmer agency with the Bollman Mississippi river the rates from or to eastern
Bros. Co., St. Louis, who have planned to feature points of origin or destination.
The new rates will apply upon all shipments
that instrument strongly.
made on and after November 15, 1911.
HOLD AUCTION BY MAIL.
Instrument Displayed in Window to Be De-
livered to Highest Bidder.
The Bowers Piano Co.. who handle the Sohmer.
Weser and other makes of pianos in Providence,
R. I., have rtsorted to an auction by mail to attract
the attention of the public to the store. The
Bower Co. have placed an attractive piano in ma-
The leader among
musical instruments
When the Victor-
Victrola was first an-
nounced five years ago
the words "most won-
derful musical instru-
m e n t " were used to
describe it. Today it is
the leading musical
instrument.
It has
created new standards
in music all over the
world.
Each year since, the
immense factory of the
Victor Company has
been increased to meet
the unprecedented de-
mand for the Victor-
Victrola. Each year
has been a greater suc-
cess than its predecessor.
Every success has been
a dealer's success.
And this year is go-
ing to break all records.
Greater opportunities are
constantly o p e n i n g up to
dealers everywhere in the sale
of this instrument; and those
who are alive to the oppor-
tunities are enjoying such an
era of prosperity that is abso-
lutely without an equal in
the annals of the entire
musical instrument industry.
HAVE STRONG LINE OF PIANOS.
The Emmett & Bibb Piano Co. are a new con
cern in Hannibal, Mo., where they recently pur-
chased the local branch of the Dawson Piano Co.,
Quincy, 111. They have the agency for the d i c k -
ering, Kimball, Hallet & Davis and Packard pianos.
The Jenkins Music Co., Bartlesville, Okla., has
moved to a new location.
Victor Talking Machine Co.
Camden, N. J., U. S. A.
Berliner Gramophone Co., Montreal,
Canadian Distributors.
Always use Victor Records played with Vlctot
Needles—there is no other way to get the un-
eqnaJed Victor tone.