Music Trade Review

Issue: 1915 Vol. 61 N. 2

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
6
AN INTERESTING DECISION
In Case Arising Out of the Bankruptcy of Stultz
Bros. Just Handed Down in the U. S. Dis-
trict Court in Which Bentz Claim Is Upheld.
An interesting decision relative to the estate of
Stultz Rros., New York, bankrupt, was handed
down by Judge Augustus N. Hand in the United
States District Court last Friday. The issue as
originally presented had been decided by the referee
in bankruptcy, who maintained that John Bentz
was not entitled to a prior claim on the bankrupt's
estate because he had cashed checks for the bank-
rupt which the latter had given his workmen in
payment for their wages, and which had not been
made good at the time of the adjudication of bank-
ruptcy.
In reversing the referee, and holding that Mr
Hentz was entitled to a prior claim to the estate,
Judge Hand said :
"This is a proceeding to review the decision of
the referee in bankruptcy, who held that the claim
of John licntz was not entitled to priority. The
claimant cashed checks of the bankrupt which the
latter gave his workmen in payment for their
wages. The bankrupt had asked Bentz to cash
checks for his workmen and to keep J:he checks
for two or three days and had then promised to
make them good. This arrangement was carried
out for some time, but finally checks amounting to
$270.83, which had been cashed, were not made
good and remained unpaid at the time of adjudica-
tion.
"I am clear that the complainant can establish
no right to a preference on any theory of subroga-
tion because he did not stand in the position of
a surety toward the workmen.
"Upon another theory, however, he seems to be
entitled to a preference. The workmen themselves
were entitled to have their wages, which the
checks represented, paid in prefernce to general
creditors. The Circuit Court of Appeals of the
First Circuit, in the case of In re Worcester County
(102 Fed., 814), said in discussing a claim for a
preference which had been reduced to a note:
"In bankruptcy it is of no consequence whether
proof was made of the original account or of the
Who Makes
Your Pianos?
Can You Answer That Question?
Not the Company merely,
or even the factory superin-
tendent. But the man who
glues it together, puts in the
screws, sets the action and
keys, tunes and regulates,
varnishes and polishes it.
Cable-Nelson men are good
citizens. They know how
to make good pianos and
they take pride in their work.
note. * * * Taking a note does not discharge
an original debt which has any privileges, and either
might be proved. Such is the law of the Federal
courts. * * *"
"The Supreme Court likewise held in the Kimball
(3 Wall., 37) that a lien in admiralty upon a ship
was not discharged by taking a note for it.
' i can see no difference between a note and a
check except in form. A check is really a do-
mestic bill of exchange upon which the liability of
the drawer is the primary liability unless it is ac-
cepted by the bank and the bank is under no obli-
gation to the payee, though it may be to the drawer,
to accept the paper.
"Thus it is clear in the present case that the
checks in the hands of the workmen would have in
novvise altered the nature of their claims, and they
could have proved them and claimed priority, as
they were for wages. Bentz purchased the checks,
and was nothing more than an assignee of the sev-
eral choses in action held originally by the work-
men for their wages, except that the law merchant
gave him certain additional rights against the
workmen who had indorsed the checks as well as
against the bankrupt who made them.
"That an assignee of a claim for wages stands
in tiie shoes of the assignor and is entitled to all
his rights of preference was settled by the Supreme
Court in the case of Shropshire, Woodliff & Co.
(204 U. S., 189), where Mr. Justice Moody said:
" 'The priority is attached to the debt and not to
the person of the creditor; to the claim and not
to the claimant.'
"For these reasons the referee must be reversed
and the claim of Bentz for $270.83 adjudged to
be entitled to priority."
MILTON FOR GREAT LAKE STEAMERS.
There have recently been sold for use on steam-
ers which sail the Great Lakes several Milton
pianos, manufactured by the Milton Piano Co.,
Fifty-fifth street and Twelfth avenue, New York.
One each will be found on the Goodrich Line steam-
ers, s.s. "Christopher Columbus," s.s. "Georgia,"
s.s. "Arizona," s.s. "Carolina," and also one each
on the Graham & Morton Line steamers, s.s.
"Puritan," s.s. "City of St. Joseph," which are used
in connection with the orchestra on each ship.
TO REMODEL ESTABLISHMENT.
The A. Hospe Co., Omaha, Neb., is planning to
remodel its entire establishment. The entire front
will be torn olit and will be replaced by one more
sightly and convenient. The interior will also be
completely changed and made up to date in every
respect. In this connection a remodeling sale is
projected.
FINE SALES SHOWING IN GRANDS.
Five grand pianos, of which three were Stein-
ways and one a Hardman, were sold within the
last three weeks by Ray Ritter, piano salesman
connected with Kramer's Music House in Allen-
town, Pa. This was in addition to many sales of
uprights. This demonstrates what a live salesman
can accomplish despite talk of dull times.
SYRACUSE DEALER IN TROUBLE.
Charles M. Bedell has been appointed receiver
for Arthur L. De Robert, dealer in musical instru-
ments at 209 James street, Syracuse, N. Y. Lia-
bilities are estimated at $20,000 and assets at
$.5,000.
N. Y. Piano Factory
To Let or For Sale
CABLE-NELSON PIANO CO.
Republic Building
Factory: South Haven, Mich.
CHICAGO
FACTORY, N.W. cor. of 135th St. and
Willow Ave., five stories and basement,
50x90 on lot 50x100, light all around, elec-
trically controlled elevator, steam heat and
all modern improvements.
Possession
August 1, 1915. Now occupied by Mans-
field Piano Co.; for terms, etc., apply
CHAS. RAMSEY, KINGSTON, N. Y.
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW
MICHIGAN MUSIC TEACHERS INTEREST PIANO MEN.
Steinway and Mason & Hamlin Pianos Used at Various Sessions of Teachers' Association—
Grinnell Goes W e s t — A t t r a c t i v e July 4th Window—Storage House Sale Stopped.
(Special to The Review.)
be general manager in charge of sales, while C.
F. Morrison will be store manager.
nual meeting of the Michigan Music Teachers'
We had a lot of prominent visitors during the
Association in this city July 1, 2 and 3 was the past week, among them Rudolph Wurlitzer, of
principal event of interest last week. The local Cincinnati, who stopped off for a day en route to
arrangement committee was in charge of Julius
Harbor Beach, Mich., where his family will spend
Weiss, manager of the sheet music department of
the balance of the summer. Mr. Wurlitzer plans
Grinnell Bros. The first business session was to stay during July.
held Thursday afternoon at the Hotel Statler, con-
Ralrh Remmelsdorf, of the Whitney-Currier Co.,
vention headquarters. On behalf of the musicians Toledo, O., visited here last week.
of Detroit William Howland gave an address of
The J. L. Hudson music store windows were at-
welcome, following which G. W. Renwick, presi- tractively decorated for July 4, being draped with
dent of the association, delivered his annual ad- American flags, and otherwise made to look un-
dress and appointed his various committees. A usually attractive. A feature of the display was
half hour was given to permit the members to an Autopiano, studio model, operated by electric
visit with one another, and from four until six motor. The music roll was operated back and
o'clock there was a reception by the Detroit Tues- forth sufficient to show the following caption
which was printed on the roll in big red letters:
day Musicale and the Chamber Music Society of
Detroit at the Twentieth Century building. In "Electric motor pumping. No more peddling.
the evening there was a concert at the hotel ball- Come in and see and ask about it." The crowds
that gathered in front of the windows were so
room by the Ypsilanti State Normal Conservatory
Chorus of women's voices, the Steinway piano large on Saturday, July 3, that several times it
was necessary to stop the motor in order to pre-
being used. .
vent
the blockading of sidewalk traffic.
Friday morning was given over to a round table
The
annual outing of the Herzog Art Furni-
discussion for string instruments, followed t>y a
business meeting, automobile ride and luncheon. ture Co., Saginaw, Mich, was held at Winona
Beach on July 1. John Herzog, the active head
In the afternoon there was a round table for
organ teachers, led by Ernest Skinner, of Boston, of the business, was along with the party.
J. J. Bell, formerly in the piano business in
followed by a concert of State musicians. The
Steinway piano was again used. In the evening Detroit and now of Port Huron, Mich., was a
there was a recital by the eminent Dutch pianist, visitor to the City of Straits last week, renewing
Jan Sickesz, who used a Mason & Hamlin piano acquaintanceships in the trade.
Another prominent visitor was Irving Holland,
fufnished by the Cable Piano Co., Harry Zickel,
a leading piano dealer in Cumberland, Md., who
manager of the Detroit branch.
Saturday morning was given over to a round - stopped off at Detroit on his way to Monroe
Piers, where he plans to spend the months of July
table for public school music, round table for
pianists followed by open discussion. There was and August.
Still another well-known member of the indus-
also an open meeting for discussion of the stand-
ardization of methods, requirements and the licens- try who visited here was Dick Brink, in charge
ing of music teachers. In the afternoon there was of the player department of Otto Higel's factory
a musical talk by Charles W. Clark, of Paris, at Toronto, Can. Mr. Brink formerly resided in
Detroit, having had charge of the Cecilian manu-
France, on matters pertaining to singing and vocal
facturing department of the Farrand Co., when
instruction. Then followed election of officers with
this result: Miss Jennie M. Stoddard, of Detroit; that concern was in business. Although admitting
M. W. Van der Water, of Muskegon, vice-presi- that business had fallen off considerable since the
dent ; J. G. Cummings, Saginaw, secretary; Mel- war, Mr. Brink was very optimistic and looked for
f
ville W. Chase, Hillsdale, treasurer, and S. E. a resumption of trade before long.
The Detroit Organ Co. is said to be negotiating
Clark, of Detroit, auditor. The last three held
the same offices last year. Mr. Clark is general for a plant in Mt. Clemens, Mich., with the idea
manager of Grinnell Bros. The number in at- in mind of locating there.
The sale of pianos at Leonard's Reliable Stor-
tendance at the convention was about 200. It was
unanimously voted the most successful gathering age House, Grand River avenue and Fourteenth
street, Detroit, came to a sudden stop last week,
the association has had since its organization.
As previously stated in The Review, C. A. Grin- when the police department notified the man in
nell followed out his plan and left Detroit on charge that he was operating in defiance and vio-
Thursday, July 1, for a six weeks' Western trip. lation of the transient merchant law, which pro-
Mrs. Grinnell accompanied him. They will visit vides that no transient merchant can do business
in a city without paying a license of $25 a day for
Glacier National Park, attend the Shriners' con-
vention in Seattle, the piano dealers convention at the first ten days of his visit. The act is intended
San Francisco and the convention of the talking to protect dealers who maintain permanent places
machine jobbers. They expect to be back in De- of business in a city, and, who, therefore, claim
troit by August 20. The night that he left Mr. that they have better rights in the commonwealth
than traveling merchants. In this connection it
Grinnell worked at the office until practically train
might be said that the Detroit Music Trades' As-
time cleaning up matters that had accumulated.
If present plans materialize, Detroit is to be the sociation was really responsible for the sale being
stopped. As soon as Leonard's announced the
headquarters of a new company manufacturing
sale,
members of the association had an inkling
low-priced talking machines. Charles E. Poyer,
of East Orange, N. J., brings to the firm the patent that it was not all that it advertised to be, and
rights, while financially it has the backing of some through the association's attorney, civic authorities
were consulted, following which there was an in-
of the most prominent people in the city.
vestigation.
E. P. Andrew, manager of the J. L. Hudson
music department, has been elected secretary of
SIGNS NEW ADVERTISING LAW.
the Hudson Buyers' and Managers' Club, compris-
ing the buyers and managers of the various de-
Governor Johnson has signed the fraudulent ad-
partments. The organization was perfected at a vertising law passed by the California Legislature.
meeting held at the Hotel Statler, July 2. The In effect the law is the Printers' Ink Model Statute,
object of the association is to promote new ideas amended by the insertion of a clause which reads:
and to insure the co-operation of every depart- "Which is known, or which by the exercise of rea-
ment. Meetings will be held monthly and general sonable care should be known, to be false or un-
merchandising and advertising questions will b~ true, deceptive or misleading, by the person mak-
debated upon informally.
ing, rublishing, disseminating, or circulating or
The Pathephone Co., recently organized to sell placing before the public said advertisement." An
Pathe talking machines in Michigan, has leased added clause exempts publishers who accept adver-
the store at 114 Farmer street, Detroit, and will tisements in good faith, without knowledge of their
open for business July 15. Harry C. Shea will misleading character.
DETROIT, MICH., July 5.—The twenty-eighth an-
Victrola XVI, $200
Mahogany or oak
Other styles $15 to $300
The supremacy of the
Victrola marks it as the
greatest of all musical
instruments.
And with genuine
Victrolas from $15 to
$300 the possibilities
are unlimited for every
Victor dealer.
Victor Talking Machine Co.
Camden, N. J., U. S. A.
Berliner Gramophone Co., Montreal,
Canadian Distributors.
Always use Victor Machines with Victor Records
and Victor Needles—the combination. There is no
other way to get the unequaled Victor tone.

Download Page 6: PDF File | Image

Download Page 7 PDF File | Image

Future scanning projects are planned by the International Arcade Museum Library (IAML).

Pro Tip: You can flip pages on the issue easily by using the left and right arrow keys on your keyboard.