Presto

PRESTO-TIMES
Some Detail on the Sher-
man, Clay-Collins and
Erwin $50,000 Libel
Suit
president, P. J. Cunningham, of an advertisement in
several leading Philadelphia newspapers, bearing the
caption "The Piano of Yesterday and Today."
The statements in this advertisement which the
plaintiff endeavored to show to be libelous were con-
tained in the first three paragraphs of the advertise-
ments, reading as follows:
Cause of Action: Cunningham Piano Company's Ad-
vertisement, "The Pianos of Yesterday and Today."
" 'Way back in the early days of piano construction
and invention there started several ambitious manu-
facturers, whose intentions and purposes were honest
but whose commercial and business abilities lacked
the necessary training.
"In those days Boston contributed its share; Balti-
more was likewise prominent in the eyes of the artist
and musician, as was also New York. Notable among
the leading pianos in the musical and artistic world
were the Weber, of New York; Chickering, of Boston,
and the Knabe, of Baltimore. There were in our own
city the Albrecht, Prestein & Berwyn and the Scho-
macker.
"All oi the above named firms, in due course, passed
into the hands of receivers or went voluntarily out
of business or had been purchased by commercial
houses, where their identity (except for advertising
purposes) was nothing more than the name."
The testimony of plaintiffs showed that soon after
the purchase of the Chickering business and likewise
that of the Wm. Knabe & Co., new incorporation
papers placed the par value of the stockj $1,000, in
10 shares of $100 each. An extensive business of
each corporation was carried on and the salary of
Carl A. Wagner, who was elected president of Chick-
ering, was $15,000 per annum.
The case was nonsuited in the following manner:
Mr. Gordon: I move that your Honor enter a non-
suit in this case.
The Court: I think the motion for a nonsuit should
be sustained. If the question was whether this ad-
vertisement contained by innuendo an untrue state-
ment, I think there would be a question for the jury.
I think that this article is not capable of such a con-
struction and that, therefore, there is no question to
submit to a jury.
Judgment of nonsuit may be entered.
As Presto-Times' records show, Collins & Erwin
also made a deal with the firm of J. K. Gill & Com-
pany of Portland for the purchase of their sheet music
department, which was consummated with the under-
standing that they were to discontinue the music pub-
lication business in the Portland territory. Thus, then,
hangs the S. C. C. & C. case up to latest advices from
Presto-Times' correspondent at Portland. Nothing has
been done toward a settlement of the suit, in which
Collins & Erwin's answer denies all the Sherman-Clay
allegations.
Nov.-Dec, 1937
A DELIGHTFUL REMINISCENCE
OF OLD STEINWAY HALL
(Ein Marchen Aus Alten Zeit.)
Mr. Edmund Gram, of the Edmund Gram Music
House, Milwaukee, Wisconsin, in a reminiscent mo-
ment at a gathering of music trade friends during
Concerning conditions surrounding the suit
the convention speaking of the visits of the younger
Steinways to Steinway dealers from time to time and
at law brought by Sherman, Clay & Co. against
of the rather extended trip of Theodore Steinway,
the Collins and Erwin Piano Co., Portland,
Jr., son of Theodore E. Steinway, president of Stein-
Ore., demanding- damages in amount of $50,-
way & Sons, accompanied by Sales Manager Ramon
de Majewski, said that that young man's visit brought
000, the circumstances are about like this.
to his mind, as he termed it, "Ein Marchen aus alten
When, some months ago, Sherman, Clay &
Zeiten," as it was a reminder of a similar tour by
Co. issued special advertisements along the
another scion of the House of Steinway more than
a quarter of a century ago. The young man who
Pacific coast announcing a probable increase
was then calling on Steinway representatives was
in the price of the Chickering piano by reason
William R. Steinway, brother of Theodore E. Stein-
of the increase in manufacturers' prices to
way and who is now the European manager for
them, the Collins and Erwin Company, sharp
Steinway. This young man was accompanied by Mr.
Ernst Urchs, general Steinway Sales Manager at
rivals of the great San Francisco concern, came
that time, on a tour around the country visiting Stein-
out in their newspapers with announcements
way dealers, as is a Steinway custom in making the
that there was no impending increase in their
younger generation acquainted with their representa-
tives.
already established prices on the Kimball
They were pleasantly entertained during their stay
piano, for which they are the exclusive repre-
in Milwaukee and a dinner in their honor was given
sentatives at Portland. The thought conveyed
at the Edmund Gram home. After the repast it was
noted that William, the subject of this sketch and a
in the Collins & Erwin announcements, which
most congenial young man, had joined Mr. Gram's
were nothing more nor less than ingenious
daughters who were somewhat younger and all had
Kimball advertisements was that even should
assembled around the Christmas tree where they
there be a manufacturers' increase in the cost
were having a merry time enjoying the toys and pres-
ents that "Santa Claus" had left at the Edmund Gram
per piano to them, such additional cost would
home. The incident left an impression upon all of
not warrant adding $50 to $100 to the selling
us that I shall never forget," said Mr. Gram, in relat-
price, as they claimed Sherman, Clay & Co.
ing this "Ein Marchen" story.
Mr. Gram also related another incident which oc-
were doing.
curred when he was not long out of his teens and
Here is the statement of Collins and Erwin
when he was at the time the financial secretary of
the Milwaukee Musical Society. This happened when
on which the intended suit for $50,000 dam-
William Steinway, the father of Theodore Steinway,
ages hinges, naming the pianos referred to,
now the president of Steinway & Sons, and William
which we see no valid reason to omit.
R. Steinway, now Steinway European representative,
NEWS FOR ALL PIANO BUYERS
presented the Milwaukee Musical Society with a
Steinway Concert Grand and a banquet was given in
Will not advance $50 to $100. At the
his honor and he was made an honorary member of
Collins and Erwin Piano Stores.
the society.
Mr. Gram, continuing his "Erinnerung," said it was
in those days that he determined to get into the piano
ANNOUNCEMENT
business and his greatest aim in life and his special
True, we have been advised of a wholesale price
advance on pianos effective August 1st. The raise is PAUL FINK RECENT ADDITION TO THE ambition was to secure a Steinway agency; in fact to
enjoy the privileges of becoming the Milwaukee rep-
only $5 per piano. This does not call for a $50 to
WINTER & COMPANY ORGANIZATION
resentative of the Steinway.
$100 retail increase on August 1st. Therefore, Collins
This year is Mr. Gram's fifty-fifth year in business.
& Erwin's piano prices will remain the same—we will
absorb this slight advance. We are glad to pay the Becomes Vice-President in Charge of Sales
For more than fifty of these years he has sold Stein-
factory slight advance in price due to higher cost of
way pianos. Mr. Gram is not only active in his own
labor and material, but it isn't
necessary to gouge the
music business but takes a great interest in the de-
l
RIOR
to
joining
the
Aeolian
Company,
some
public 500 per cent on a 2 / 2 per cent raise.
velopment of music in all its activities at home and
sixteen years ago, and continuing with the com-
Piano buyers, investigate! Drastic changes are
bined Aeolian and American Piano Co. consolida- all over the country.
taking place in the piano industry. When one is
It is of interest to many readers of this little epi-
interested in a fine old piano name—he should ask
tion up to joining Winter & Company October 1st
sode to recall that the quotation in the first para-
this question: "Who makes this piano today?" Don't this year, Mr. Fink had had a varied and valuable ex-
be deceived. In other words, before spending your perience in the activities, vicissitudes and carrying on
graph containing the rarely used German word
money learn the truth—get the facts—many fine piano of piano manufacture, piano production and piano
•'marchen" is written on a photographic group of
factories have been closed within the last decade.
several members of a New York orchestra of years
marketing,
in
a
great
measure
through
his
association
Chickering is one. But—the great Kimball piano,
ago in which Mr. Theodore Thomas, one of the
with
the
Behning
Piano
Co.,
a
concern
that
made
with a proud heritage of 80 continuous years of serv-
group, was a member. The picture used to hang on
ice and tradition back of it, stands on its fine record. strenuous efforts for business in its day.
It has always been made by Kimball.
His association with Aeolian and Aeolian-Amer- a wall in the studio-office of Mr. Charles F. Tretbar,
ican enterprise in the piano field brings him, at the adjoining Mr. Urch's office, on the second floor of
Going back a few years and making a succinct
review of the Collins & Erwin concern up to the close of sixteen years, one of the important and out- old Steinway Hall building in East 14th street, New
York City, which memorable structure was torn
standing piano men of the day.
present would be to refer to the closing of most of
As an official in the Winter & Co. organization, down a year or two ago. Perhaps Mr. Gr?,m took
the Sherman, Clay & Co. branch stores along the coast
he is bound to become an important factor and will the line which he quoted from that old Theo. Thomas
in 1931, concentrating their activities in the Bay Dis-
wield a powerful influence in the destines of this enter- group. It was one of the favorite photographs in
trict of San Francisco, Oakland, Sacramento and con-
the Tretbar and Urch's offices, the walls of which
prising industry.
tingent territory, as was announced at the time.
were covered with portraits, letters and other marks
At Portland the situation was that the Steinway
of remembrance of artists in music and friends of
agency was turned over to Collins & Erwin. At a NEW MANAGER, MERCHANDISE DEPART-
the House of Steinway. This picture, too, held a
Rotary Club dinner, Mr. Phil Clay, who was then
MENT, SO. CALIFORNIA MUSIC CO.
fascination for the late William Steinway whose office
president of Sherman, Clay & Co., made a little speech
was near that of Mr. Urchs and Mr. Tretbar in a
Arthur G. Kohr, well known in California musical
in which, referring to their leaving Portland, he said
sort of half-deck just above the counting rooms at
circles, is the new manager of the musical merchan-
that the regret would be greater were it not that they
were turning the Steinway agency over to Collins & dise department of the Southern California Music old Steinway Hall.
Company, Los Angeles, according to an announce-
Erwin. In the deal Sherman, Clay & Co. turned over
ment made by Edward H. Uhl, president of the com-
to Collins & Erwin the balance of their unsold stock,
who disposed of it for them and advertised as "suc- pany.
"Mr. Kohr has been associated with the Southern
cessors to Sherman, Clay & Co."
California Music Company since 1925, and has con-
An episode in the history of the Chickering piano
sistently proved himself indispensable to the com-
can be mentioned here in which a damage suit was
involved. It was the case of the American Piano Co. pany," said Mr. Uhl.
Mr. Kohr's musical background will serve him well
against the Cunningham Piano Co., Philadelphia, in
1922, suing for $100,000 damages, resulting from the in his new capacity, as he has been prominent in the
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