Music Trade Review

Issue: 1912 Vol. 54 N. 11

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE
REVIEW
EDWARD LYMAN BILL - Editor and Proprietor
J. B.[SPILLANE, Managing Editor
Executive and Reportorial Staff
GLAD. HENDERSON,
A. J. NICKLIN,
H. E. JAMASON,,
AUGUST J. TIMPE,
C. CHACE.
VVM. a. W H I T E ,
B. BRITTAIN WILSON,
L, E. BOWEKS.
CHICAGO OFFICE:
E. P. VAN HARLINGEN, 37 South Wabash Ave.
Telephone, Central 414.
Room 806.
MINNEAPOLIS a n d ST. PAUL:
ST. LOUIS:
BOSTON OFFICE:
JOHN H. WTLSON, 824 Washington St.
Telephone, Main 6950.
PHILADELPHIA:
R. W. KAUFFMAN.
1I
ADOLF EDSTEN.
SAN FRANCISCO:
CLYDE JENNINGS
S. H. GRAY, 88 First Street.
CINCINNATI, O . : JACOB W. WALTERS.
BALTIMORE, MD.:
LONDON, ENGLAND:
A. ROBERT FRENCH.
1 Gresham Buildings, Basinghall St., E. C.
Published Every Saturday at 373 Fourth Avenue, New York
Enttted at the New York Post Office as Second Class Matter.
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ada, $3.50; all other countries, $4.00.
ADVERTISEMENTS, $2.50 per inch, single tfolumn, per insertion.
On quarterly or
yearly contracts a special discount is allowed. Advertising Pages, $76.00.
REMITTANCES,
in other than currency forms, should be made payable to Edward
Lyman Bill.
PlilVPP Pi!inA anil
Departments conducted by an expert wherein all ques-
r lajCl -r lauv ami
t j o n s o f a technical nature relating to the tuning, reg-
T o p h f i i r n l IW>naFtni0nfc
ulating and repairing of pianos and player-pianos arc
I C U I U l l d l VCfJal I l l l C l l i a . dealt with, will be found in another section of this
paper. We also publish a number of reliable technical works, information concerning
which will be cheerfully given upon request.
Exposition Honors Won by The Review
Grand Prix
Paris Exposition, 1900
Silver Medal.. .Charleston Exposition, 1902
Diploma
Pan-American Exposition, 1901
Gold Medal
St. Louis Exposition, 1904
Gold Medal
Lewis-Clark Exposition, 1905
LONG DISTANCE TELEPHONES-NUMBERS 5982-5983 MADISON SQUARE
Connecting all Departments.
Cable address " "Elbill, New York."
NEW
YORK, MARCH 1 6 , 1 9 1 2 .
EDITORIAL
E
NTHUSIASM is one of the most vital forces in successful
salesmanship.
Too many people, not alone in the music trade industry, but
in other lines of business, are filled with the idea of doing so
many hours' work for a stipulated wage, and no more. They fail
to comprehend that their lack of interest, their lack of initiative,
their lack of enthusiasm, singles them out as mere routine men—•
excellent in their way, but lacking in those essentials which help
the business with which they are associated or spell advancement
for themselves. Speaking of the sales value of enthusiasm in
"Judicious Advertising" recently J. C. Johnson, advertising man-
ager of the Schmoller & Mueller Piano Co., Omaha, Neb., uttered
some very pertinent words on the thought above expressed. He
said:
Many business institutions are dying from dry rot because
those in the employ of such institutions are mere salary grabbers
and not enthusiastic and loyal workers for the house.
Whose fault is it?
Sometimes the fault lies with the management.
Sometimes with the employes.
We are too prone to skim the cream and forget that the
underlying rich milk is much laden with butter fat. Enthusiasm
is the impelling separator. It gets the last ounce of butter fat from
a given list of prospects.
You are most valuable to your firm as a business getter when
the spare moments are employed in surcharging your system with
facts backed by enthusiasm on the proposition.
More sales go by the board because of lack of enthusiasm
on the part of the salesman, I dare say, than from any other
cause.
When I make such an assertion do not misunderstand me
in taking the position that a salesman shall endeavor to generate
the necessary amount of enthusiasm over an inferior article.
REVIEW
If you cannot build into your sales presentable sincerity don't
waste time and effort, don't dissipate the gray matter your Maker
has given you in trying to get up a head of steam on such a propo-
sition.
Connect yourself—sell your ability, your energy, your en-
thusiasm to that firm whose goods will draw forth from you at
all times not only your loyal efforts, but to the last drop of your
energy, your best efforts.
When enthusiasm dies, hope dies.
There was twenty-five years ago in a western city a piano
salesman who entered the selling game with no particular promise
of brilliant performance.
In the eyes of some he might have been considered to labor
under a handicap because of his German parentage.
*
He landed on our shores at the age of nineteen.
What he lacked in brilliancy he more than made up in dogged
persistence and in enthusiasm.
The average piano salesman puts in supposedly eight hours
a day.
I say 'supposedly,' for it is an expensive and unwise propo-
sition to shadow that man hour by hour during the day to find out
whether he is working. It's unwise, for the chap who won't work
with a hustle motto pinned onto his coat lapel, or a tin can tied
to his coat tail, is doomed to be numbered for life as an average
salesman.
Never will he set this old world on fire because of the fame
of his sales exploits.
This German lad was not a clock watcher.
He was no drone. Bedtime was when the last sale for the
day had been closed no matter if the wee small hours of the morn-
ing were hovering near by.
Time and again was he known to load a piano on a wagon,
send it to a prospect's home who worked all day and who could
only be seen with his family at night.
About the time the supper dishes were washed and the table
cleared in would come the salesman. The piano had preceded
him. By the hour would he play for that family—the only family
as far as he was concerned in the world.
All his energy concentrated upon the subjects before him.
He would entertain each member, father, mother, the baby.
Do you wonder that this salesman sold more pianos of an
evening than the best salesmen in that city were able to sell in a
day?
Do you wonder that seldom did he leave a home without the
signed contract in his pocket?
Is it any wonder that such a salesman rapidly climbed the
ladder of fame and fortune as a business getter ?
I think not.
To-day that man, largely through his own efforts, is the
president of a million dollar firm.
A firm that covers the West like a blanket in its organiza-
tion for getting business.
A firm that is founded upon the principle that enthusiasm,
coupled with a determination to deliver the goods of known quality
at right prices, will succeed in the face of all obstacles.
F
IGHTS between piano competing houses are, unfortunately,
too frequent to cause any unusual comment except, perhaps,
in their immediate vicinity. The fights have generally been in the
form of advertising battles and the newspapers have, as a rule, been
the chief gainers and the reading public, until they became tired of
listening to the wail of the piano men, the victims. A new phase
of piano competition, and hot competition, has arisen in a Western
city, where the fight has reached a point where threats of personal
violence have been made with every indication that they would be
carried out. The defendant company, if the term may be used, who
upon entering the field had incurred the displeasure of the estab-
lished houses immediately installed as manager a piano man whose
husky physique would cause the pugnacious ones to stop and pon-
der before starting something in the assault and battery line. It
would be sad if from a business where quick wits and real brain
power were the chief assets piano selling reached a point where
the ability to "beat up" competitors marked the piano man as a suc-
cess. If the practice should continue we may see Jack Johnson, Abe
Attell, or other prize fighters in charge of piano warerooms.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE
REVIEW
Stopping Goods En Route For Uupaid Bills
The Legal Phases of This Subject, So Important to Piano Manufacturers and Dealers, Discussed and
Analyzed by an Authority—The Action to be Taken in
Regard to Goods in Transit.
I
N a recent article which discussed the legal phases of a bill
of lading I announced that the subject of this one would be the
right of the seller of goods which were in transit—on their way
to the buyer—to order the railroad company not to deliver them.
This is called the right of stoppage in transitu and is one of the
most peculiar doctrines known to the law. It is totally at variance
with all fundamental principles, and is a subject that every busi-
ness man, large and small, should know something alxjut.
The right of stoppage in transitu is peculiar for this reason:
It is fundamental that when A sells goods to B, and delivers them
either to B or to B's agent, title passes to B, the goods are his, and
A cannot retake them. The right of stoppage in transitu admits
when A sells goods to B, and delivers them to the railroad company
for transportation to B, that that is legal delivery to B, but it still
gives A the right to seize the goods again at any time until they
get actually into B's hands or custody.
The way in which the legal principle often—in fact, almost al-
ways—arises' will be seen from a reference to a recent case that was
brought to me for an opinion. I have summarized the facts as
follows:
B & Co. are wholesale dealers doing business in Philadelphia.
A is a retail dealer doing business about ioo miles outside of Phila-
delphia. C, D and E are creditors of A, and the case was brought
to me by them in concert. A purchased about $800 worth of mer-
chandise of B & Co. and same was shipped over the Pennsylvania
Railroad. It was bought on ordinary commercial terms and was
therefore not paid for when the case reached its crisis. While the
goods were on the road it developed that A was going to fail. He
called a meeting of his creditors and presented a statement of as-
sets and liabilities, including among the assets the $800 worth of
goods bought from B & Co. The latter at once exercised the right
of stoppage in transitu and served notice on the railroad not to de-
liver the goods, but to return them. The question involved was,
Whose goods were they? If^title passed to A when the goods were
delivered to the railroad and B & Co. no longer had any right over
them, then they were properly a part of A's assets, and B & Co.
could simply recover their pro rata share. But if B & Co. had the
right of stoppage in transitu, in spite of the fact that title had passed
for ordinary purposes upon delivery to the railroad, then B & Co.
could seize the goods and they were not a part of A's assets.
The conclusion was reached without hesitation that B & Co. had
acted upon their undoubted right. That title did pass to A upon
delivery to the railroad, but in spite of that B & Co. could seize the
goods while en route.
The doctrine rests on the very fair principle that when the seller
is unpaid, and is likely to remain so, he has a better right to the
goods than the insolvent buyer. In other words, the seller's goods
should not go to pay the buyer's debts.
Before a seller can seize goods in this way three facts must
be present in the case:
First—The goods must be unpaid for.
Second—They must be en route to the buyer.
Third—The buyers must be insolvent.
Let me discuss these briefly in their order.
The requirement that the goods must be unpaid for explains
itself. This does not mean, however, that they are considered paid
for if notes should have been taken. There are a number of cases
on record to the effect that even if a seller has taken notes from the
buyer for the full amount of his claim, and discounted them, he can
still stop the goods in transit, and he doesn't need to first offer to
give the notes back.
The second requirement doesn't mean that the goods must nec-
essarily be on board the train or boat, moving toward their destina-
tion. They are considered en route any time after they have been
delivered to the railroad, or any time after they have been delivered
to a forwarding agent, or to a packer or a warehouseman with in-
structions to forward.
The goods can be stopped any time between the minute they
are given to the railroad and the time when they reach their des-
tination. Confusion often arises over what their destination is. The
destination is the place where both seller and buyer intended the
goods to end their journey. They can be seized even then if they
remain in the custody of the railroad, but if they are delivered im-
mediately to the buyer, or to any one representing him in any way,
all right of stoppage is gone.
A very important factor is the third—that the buyer must be
insolvent in order to allow the seller to stop the goods. Insolvency
doesn't mean that he should have committed any public act of in-
solvency, such as going into bankruptcy or making an assignment,
but simply that he should have shown inability to pay his debts in
the ordinary course of business. The insolvency can arise after
sale and before the arrival of the goods at their destination, or it
can have arisen before the sale, but then it must have been unknown
to the seller when he sold.
Inasmuch as the right of stoppage only arises in case of the
buyer's actual insolvency and will lead to suit for damages if
exercised against a buyer who turns out to be solvent, the question
of insolvency becomes exceedingly important. There are cases
which hold that a seller is justified in assuming that the buyer is in-
solvent if he has stopped paying his debts. The buyer's mere failure
to pay for these particular goods, however, or the fact that an at-
tachment has been issued against him, is not considered sufficient
evidence of insolvency, and even the fact that he has absconded is
not, unless he has converted his property into money or made away
with it.
If there is clear evidence of insolvency, such as making an as-
signment or filing a petition in bankruptcy, the seller can stop the
goods no matter what has been done. His right is good even
though the buyer's creditors attach these very goods or seize them
under execution.
As I have said, the exercise of the right to stop the goods will
prove a boomerang against the seller if the buyer turns out to be
solvent, for in that case the buyer cannot only compel the seller to
deliver, but he can recover damages for the failure to deliver. The
buyer can also sue the railroad for non-delivery, and if compelled
to pay damages the railroad can recover them in a suit of its own
against the seller.
The way to stop the goods is merely to give notice to the rail-
road not to deliver. The notice can be in any form whatever if its
provisions are clear.
There are two ways in which the seller's right to stop the
goods is completely destroyed—by transfer of the bill of lading
and by resale of the goods before shipment. To explain: A buys
goods of B ; they are delivered by B to the railroad for shipment;
the railroad issues a bill of lading, which gets to A before the goods
do. A at once transfers the bill of lading to C, thereby passing
title to the goods. B cannot then stop the goods in transit if the
transfer was bona fide.
The second method is akin to the first. A buys the goods of
B, and before they are shipped resells them to C. B then delivers
them to the railroad for shipment to C. If A becomes insolvent
while the goods are en route, B has no right of stoppage, because
the title to the goods has passed out of his debtor,—Copyright, De-
cember, 1911, by Elton J. Buckley.

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