Music Trade Review
Issue: 1881 Vol. 5 N. 6 - Page 11
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October 20th, iS $ i.
THE MUSICAL CRITIC AND TRADE REVIEW.
73
in the specification, or for the purpose of claiming less elicited marked approval wherever they have been
that the patentee had originally claimed as his own xhibited, for their sterling qualities of tone and
invention or discovery, but for the purpose of intro- touch, as well as for the beauty of their exterior,
ducing new matter into the specification and of and agents find that the sale of them continually
claiming what was not suggested or substantially increases in every locality where they have been
indicated in said original patent as any part of the
original invention or discovery ; and that said reissue used, the reports from Western cities being particu-
was applied for or obtained fraudulently and con- larly encouraging.
The present output of the Decker & Son Fac-
trary to the form of the statute in that case made
and provided, and that the Commissioner of Patents tory, at No. 1550 Third avenue, New York, is
exceeded his jurisdiction in granting said issue.
about twenty pianos per week, which could be
6. Further answering on information and belief, largely increased if the firm were of a speculative
these defendants deny that the said letters patent disposition; but, as the senior partner said to our
reissue are of great value and importance, and deny reporter:
that the said Christian F. Theodore Steinway is pub-
" I am a conservative man, and do not believe in
licly known and acknowledged to be the original and doing
any business in which I am not sure of get-
first inventor thereof, and deny that many thousand
pianofortes, emt racing and embodying said inven ting my money back and a fair profit added.
tion, have been manufactured and sold by the com- Many people nowadays seem willing to sell on the
plainants and their licensees, or that they are in great smallest possible margin and to take any amount
of risk for the sake of doing a large business,
demand.
7. Further answering, these defendants deny that which does not turn out as well in the long run as
they have ever made, used, or sold, or caused to be a smaller business, conducted in a conservative
made, used or sold any pianoforte embracing or em- manner. In regard to quality of action as well as
bodying in its construction or mode of operation any all other points connected with the construction of
substantial or material part of the invention men- our pianos, I can say that only the best material
tioned in said bill of complaint, and deny that they is used, and, as for the manner in which it is put
have derived or are deriving from such alleged use together, our long experience in the practical con-
of said invention large or any gains and profits. struction of the instruments, should be a sufficient
Wherefore these defendants submit that they should
not be decreed to account for or pay over any sup- guarantee of that."
posed gains, profits or damages, and should not
be restrained or enjoined as in said bill prayed,
C. C. BRIGGS & CO. DAMAGED BY FIRE.
and that the complainants are not entitled to the
relief prayed for or any part thereof, or any other A/TESSRS. C. C. BRIGGS & CO., of 1,125 Wash-
relief whatsoever, without this, that any other mat-
ter or thing in said bill contained and not herein *•**• ington street, Boston, had about 812,000
sufficiently answered unto, traversed or denied, or worth of stock destroyed by fire last week. The
confessed and avoided is true. All which matters and loss was only partially covered by insurance.
The firm are, however, already underway again
things these defendants are ready to aver, maintain
and prove as this honorable court shall direct, and in the fine new building in Reed's Block, on
they humbly pray to be hence dismissed with their Albany street, where they have ample room for
reasonable costs and charges in this behalf most turning out a large number of pianos. Their
wrongfully sustained.
burnt factory will be rebuilt in the course of the
next ninety days ; and then they will be in better
(Signed 1
GEOKGE W. CAKTEE.
PATRICK H. POWERS.
shape than ever for doing business.
• '
OKRIN A. KIMBALL.
As their cases were made in another building
JOSEPH GRAMEB.
they were able to resume work at once and will be
By GEORGE W. CARTER.
ready to ship pianos again in about 60 days.
State of Massachusetts, Suffolk County—ss.
Messrs. C. C. Briggs & Co. have our heartiest
BOSTON, August 25, 1881.
Then personally appeared the above-named George sympathy for their unfortunate delay, occurring
W. Carter, and made oath that he has read the fore- as it does in the busiest season, and we hope to
going answer by him subscribed, and that the same see them under headway again, as soon as they
is true of his own knowledge, except as to matters anticipate, with a full line of insurance on their
therein stated on information and belief, and as to stock.
these matters he believes it to be true.
SAMUEL D. WARREN, J R . ,
MASON & HAMLIN'S PIANO EXPERIMENTS.
(Notarial Seal.)
Notary Public,
A REPORTER from T H E MUSICAL CRITIC AND
Suffolk County, Mass.
manufacture of reed organs on his own account,
and has finally become a maker of organ actions as
well as organs. As there is only one other manu-
facturer of organ actions in this country, Mr.
Powell has a wide field for business, and antici-
pates success.
EXPORTS AND IMPORTS.
POUT OF NEW YORK.
Week ending Oct. 4th, 1881.
Exports.
Hamburg, 3 Pianos
1 Musical Instruments.
Bremen, 4 Organs
1 Piano
Antwerp, 1 Organ
Bristol, 1 Organ.
British Australia, 38 Organs
iverpool, 27 Organs
,
ondon, 1 Musical Instrument
London, 39 Organs
Argentine Republic, 2 Pianos
British West Indies, 4 Organs
British Poss. in Africa, 4 Organs
Total
$725
400
600
300
150
75
3,588
1,408
5
2,300
900
200
435
$11,086
Imports.
Musical, 219
$25,899
Week ending Oct. Ulh, 1881.
Exports.
Liverpool, 1 Organ Materials
5 Pianos
23 Organs
Hamburg, 3 Pianos
London, 16 Organs
Mexico, 5 Pianos
1 Organ
Brit. Poss. in Africa, 24 Organs
Havre, 2 Organs
Total
$178
1,950
1,425
650
4,000
900
56
2,387
1,000
$12,546
Imports.
144 Musical Instruments
$17,702
PORT OF BOSTON.
Week ending Sept. SOth, 1881.
Exports.
England, Organs
"
Organettes
Nova Scotia, etc., Organs
...
British Poss. in Africa, Organs
"
"
" Australasia, Organs
$409
242
131
1,388
9,072
Total
$11,242
TRADE REVIEW calling at the office of the
Mason & Hamlin Organ Company, in New York
Imports.
Mr. William Steinway when asked his opinion city, recently, was shown a letter relating to a
$355
of the answer said, as before, that he would not statement which appeared in our last issue as fol- England, Pianos
505
Miscellaneous Instruments..
attempt to try his case in the newspapers. He lows:
could, however, say that the patents named in the
Total
$860
Mason & Hamlin are still experiment-
answer were totally irrelevant. They referred to ing 'Messrs.
with a view to engaging in the manufacture of
Week ending Oct. 1th, 1881.
square pianos, piano cases, anything, in fact, but pianos,
although, thus far, the results of these ex-
upright piano actions, which were in reality the periments
Exports.
have not been up to their expectations."
only things in question in the case.
$431
The letter was from Mr. Henry Mason, of the French West Indies, Organs
Mr. Geo. Carter stated that his firm did not pro- Boston house, and he said:
England, Organs
3,796
''
Organettes
768
pose pitting in all they know in their original
"
Organ Materials
530
If you see the editor of the MUSICAL CRITIC AND
answer. The important points will not appear
TRADE KEVIEW say to him that, we are on the Brit. Poss. in Africa, Organs
8,107
until they put in an amended answer.
contrary more than satisfied, we have got some-
"
" Australasia, Organs
1,555
thing extraordinary, and which we confidently
OBITUARY.
expect will eventually revolutionize the present
Total
$15,187
CHARLES B. BURRELL.
system of piano making to a large degree. Our
Imports.
delay
is
simply
owing
to
our
custom,
which
we
R. CHARLES B. BURRELL, for many years
$898
identified with musical interests in this city, never deviate from, of not introducing anything un- England, Pianos
"
Miscellaneous Musical Inst'm's.... 1,394
died last Saturday at his residence, No. 30 Seventh til it is complete, so far as it seems possible to make
In the present case our piano is a success—a
avenue. Mr. Burrell was in the employ of the it.
success—but we think t we see how we can
Total
$2,292
Messrs. Chickering as general manager at the time great
make it still more so, and therefore do not hurry to
of his death. He had been connected with that give it out
The stock, fixtures and good-will of the long estab -
house in different capacities for upward of 30 years,
lished piano making firm of Lynch
HAINES BROTHERS TAKE A MEDAL.
corner of Broadway and 35th street, New York, whose
bility had prevented his attendance, with any regu-
R. N. J. HAINES, Sr., recently returned failure occurred some three months since, has
larity, upon the duties of his office. Mr. Burrell
from Cincinnati, whither he had gone to look been offered for sale. The location is a good one,
was born at Roxbury, Mass., Oct. 13,1825, and was
56 years of age at the time of his death. He was a after the interest of his piano, " The Grand Up- and there are some 60 pianos in stock or on hire,
piano tuner by profession. About the year 1851 right," which was among the exhibits made at the which are included in the offer to sell.
he formed a connection with the Chickerings, great Cincinnati Fair by Haines Bros.' agents, D.
Lyon & Healy, of Chicago, seem to think that
which was to last, intermittingly, till his death. H. Baldwin & Co.
everybody admires their eccentric signature; at
In 1862 Mr. Burrell enlisted in the Forty-sixth
Mr. Haines was very jubilant, and was delighted least one would infer so from the fact that they
Massachusetts Regiment of volunteer infantry as a with the success of the piano which, when played use it so often as an advertisement.
private, and served during the war until 1865. He upon by artists at the Fair, was always surrounded
Mr. A. Shattinger, of St. Louis, exhibited at
was promoted to the rank of Quartermaster before by a delighted 'crowd of people listening to its
his discharge. He leaves a widow but no children. wonderful tones. He was also delighted with the the St. Louis Fair two grands of H. Behning,
There were no funeral services in this city. The fact that, as he said, " i t had made a clean sweep and a square and upright of Decker
to Roxbury, Mass., where it will be interred to-day the highest award given in Cincinnati for a piano.' instruments; Reed & Thompson, those of Knabe &
Co., and P. T. Anton, those of E. McCammon.
in the Forest Hill Cemetery.
Mr. Shattinger was awarded the first premium for
the above piano exhibit and also for the best dis-
A NEW ORGAN ACTION MANUFACTURER.
R. J. A. POWELL, of Montgomery, N. Y., play of brass and string instruments.
''T^HIS well-known piano house, whose advertise-
The Sterling Organ Co., in a letter to THE
has established himself as a manufacturer o
J_ ment appears on another page of our present
issue, is making steady progress in the estimation organ action. Mr. Powell was formerly agent for MUSICAL CRITIC AND TRADE REVIEW, state that they
of the music loving public. During the past sea- Clough & Warren for his section, but, rinding he havn't much to say as to business, as they are
son their pianos, Grand, Square and Upright, have could do better for himself, he commenced the jumping right ahead trying to keep up with it.
WHAT IS THOUGHT OF THE ANSWER.
JLX.
M
M
M
October 20th, iS $ i.
THE MUSICAL CRITIC AND TRADE REVIEW.
73
in the specification, or for the purpose of claiming less elicited marked approval wherever they have been
that the patentee had originally claimed as his own xhibited, for their sterling qualities of tone and
invention or discovery, but for the purpose of intro- touch, as well as for the beauty of their exterior,
ducing new matter into the specification and of and agents find that the sale of them continually
claiming what was not suggested or substantially increases in every locality where they have been
indicated in said original patent as any part of the
original invention or discovery ; and that said reissue used, the reports from Western cities being particu-
was applied for or obtained fraudulently and con- larly encouraging.
The present output of the Decker & Son Fac-
trary to the form of the statute in that case made
and provided, and that the Commissioner of Patents tory, at No. 1550 Third avenue, New York, is
exceeded his jurisdiction in granting said issue.
about twenty pianos per week, which could be
6. Further answering on information and belief, largely increased if the firm were of a speculative
these defendants deny that the said letters patent disposition; but, as the senior partner said to our
reissue are of great value and importance, and deny reporter:
that the said Christian F. Theodore Steinway is pub-
" I am a conservative man, and do not believe in
licly known and acknowledged to be the original and doing
any business in which I am not sure of get-
first inventor thereof, and deny that many thousand
pianofortes, emt racing and embodying said inven ting my money back and a fair profit added.
tion, have been manufactured and sold by the com- Many people nowadays seem willing to sell on the
plainants and their licensees, or that they are in great smallest possible margin and to take any amount
of risk for the sake of doing a large business,
demand.
7. Further answering, these defendants deny that which does not turn out as well in the long run as
they have ever made, used, or sold, or caused to be a smaller business, conducted in a conservative
made, used or sold any pianoforte embracing or em- manner. In regard to quality of action as well as
bodying in its construction or mode of operation any all other points connected with the construction of
substantial or material part of the invention men- our pianos, I can say that only the best material
tioned in said bill of complaint, and deny that they is used, and, as for the manner in which it is put
have derived or are deriving from such alleged use together, our long experience in the practical con-
of said invention large or any gains and profits. struction of the instruments, should be a sufficient
Wherefore these defendants submit that they should
not be decreed to account for or pay over any sup- guarantee of that."
posed gains, profits or damages, and should not
be restrained or enjoined as in said bill prayed,
C. C. BRIGGS & CO. DAMAGED BY FIRE.
and that the complainants are not entitled to the
relief prayed for or any part thereof, or any other A/TESSRS. C. C. BRIGGS & CO., of 1,125 Wash-
relief whatsoever, without this, that any other mat-
ter or thing in said bill contained and not herein *•**• ington street, Boston, had about 812,000
sufficiently answered unto, traversed or denied, or worth of stock destroyed by fire last week. The
confessed and avoided is true. All which matters and loss was only partially covered by insurance.
The firm are, however, already underway again
things these defendants are ready to aver, maintain
and prove as this honorable court shall direct, and in the fine new building in Reed's Block, on
they humbly pray to be hence dismissed with their Albany street, where they have ample room for
reasonable costs and charges in this behalf most turning out a large number of pianos. Their
wrongfully sustained.
burnt factory will be rebuilt in the course of the
next ninety days ; and then they will be in better
(Signed 1
GEOKGE W. CAKTEE.
PATRICK H. POWERS.
shape than ever for doing business.
• '
OKRIN A. KIMBALL.
As their cases were made in another building
JOSEPH GRAMEB.
they were able to resume work at once and will be
By GEORGE W. CARTER.
ready to ship pianos again in about 60 days.
State of Massachusetts, Suffolk County—ss.
Messrs. C. C. Briggs & Co. have our heartiest
BOSTON, August 25, 1881.
Then personally appeared the above-named George sympathy for their unfortunate delay, occurring
W. Carter, and made oath that he has read the fore- as it does in the busiest season, and we hope to
going answer by him subscribed, and that the same see them under headway again, as soon as they
is true of his own knowledge, except as to matters anticipate, with a full line of insurance on their
therein stated on information and belief, and as to stock.
these matters he believes it to be true.
SAMUEL D. WARREN, J R . ,
MASON & HAMLIN'S PIANO EXPERIMENTS.
(Notarial Seal.)
Notary Public,
A REPORTER from T H E MUSICAL CRITIC AND
Suffolk County, Mass.
manufacture of reed organs on his own account,
and has finally become a maker of organ actions as
well as organs. As there is only one other manu-
facturer of organ actions in this country, Mr.
Powell has a wide field for business, and antici-
pates success.
EXPORTS AND IMPORTS.
POUT OF NEW YORK.
Week ending Oct. 4th, 1881.
Exports.
Hamburg, 3 Pianos
1 Musical Instruments.
Bremen, 4 Organs
1 Piano
Antwerp, 1 Organ
Bristol, 1 Organ.
British Australia, 38 Organs
iverpool, 27 Organs
,
ondon, 1 Musical Instrument
London, 39 Organs
Argentine Republic, 2 Pianos
British West Indies, 4 Organs
British Poss. in Africa, 4 Organs
Total
$725
400
600
300
150
75
3,588
1,408
5
2,300
900
200
435
$11,086
Imports.
Musical, 219
$25,899
Week ending Oct. Ulh, 1881.
Exports.
Liverpool, 1 Organ Materials
5 Pianos
23 Organs
Hamburg, 3 Pianos
London, 16 Organs
Mexico, 5 Pianos
1 Organ
Brit. Poss. in Africa, 24 Organs
Havre, 2 Organs
Total
$178
1,950
1,425
650
4,000
900
56
2,387
1,000
$12,546
Imports.
144 Musical Instruments
$17,702
PORT OF BOSTON.
Week ending Sept. SOth, 1881.
Exports.
England, Organs
"
Organettes
Nova Scotia, etc., Organs
...
British Poss. in Africa, Organs
"
"
" Australasia, Organs
$409
242
131
1,388
9,072
Total
$11,242
TRADE REVIEW calling at the office of the
Mason & Hamlin Organ Company, in New York
Imports.
Mr. William Steinway when asked his opinion city, recently, was shown a letter relating to a
$355
of the answer said, as before, that he would not statement which appeared in our last issue as fol- England, Pianos
505
Miscellaneous Instruments..
attempt to try his case in the newspapers. He lows:
could, however, say that the patents named in the
Total
$860
Mason & Hamlin are still experiment-
answer were totally irrelevant. They referred to ing 'Messrs.
with a view to engaging in the manufacture of
Week ending Oct. 1th, 1881.
square pianos, piano cases, anything, in fact, but pianos,
although, thus far, the results of these ex-
upright piano actions, which were in reality the periments
Exports.
have not been up to their expectations."
only things in question in the case.
$431
The letter was from Mr. Henry Mason, of the French West Indies, Organs
Mr. Geo. Carter stated that his firm did not pro- Boston house, and he said:
England, Organs
3,796
''
Organettes
768
pose pitting in all they know in their original
"
Organ Materials
530
If you see the editor of the MUSICAL CRITIC AND
answer. The important points will not appear
TRADE KEVIEW say to him that, we are on the Brit. Poss. in Africa, Organs
8,107
until they put in an amended answer.
contrary more than satisfied, we have got some-
"
" Australasia, Organs
1,555
thing extraordinary, and which we confidently
OBITUARY.
expect will eventually revolutionize the present
Total
$15,187
CHARLES B. BURRELL.
system of piano making to a large degree. Our
Imports.
delay
is
simply
owing
to
our
custom,
which
we
R. CHARLES B. BURRELL, for many years
$898
identified with musical interests in this city, never deviate from, of not introducing anything un- England, Pianos
"
Miscellaneous Musical Inst'm's.... 1,394
died last Saturday at his residence, No. 30 Seventh til it is complete, so far as it seems possible to make
In the present case our piano is a success—a
avenue. Mr. Burrell was in the employ of the it.
success—but we think t we see how we can
Total
$2,292
Messrs. Chickering as general manager at the time great
make it still more so, and therefore do not hurry to
of his death. He had been connected with that give it out
The stock, fixtures and good-will of the long estab -
house in different capacities for upward of 30 years,
lished piano making firm of Lynch
HAINES BROTHERS TAKE A MEDAL.
corner of Broadway and 35th street, New York, whose
bility had prevented his attendance, with any regu-
R. N. J. HAINES, Sr., recently returned failure occurred some three months since, has
larity, upon the duties of his office. Mr. Burrell
from Cincinnati, whither he had gone to look been offered for sale. The location is a good one,
was born at Roxbury, Mass., Oct. 13,1825, and was
56 years of age at the time of his death. He was a after the interest of his piano, " The Grand Up- and there are some 60 pianos in stock or on hire,
piano tuner by profession. About the year 1851 right," which was among the exhibits made at the which are included in the offer to sell.
he formed a connection with the Chickerings, great Cincinnati Fair by Haines Bros.' agents, D.
Lyon & Healy, of Chicago, seem to think that
which was to last, intermittingly, till his death. H. Baldwin & Co.
everybody admires their eccentric signature; at
In 1862 Mr. Burrell enlisted in the Forty-sixth
Mr. Haines was very jubilant, and was delighted least one would infer so from the fact that they
Massachusetts Regiment of volunteer infantry as a with the success of the piano which, when played use it so often as an advertisement.
private, and served during the war until 1865. He upon by artists at the Fair, was always surrounded
Mr. A. Shattinger, of St. Louis, exhibited at
was promoted to the rank of Quartermaster before by a delighted 'crowd of people listening to its
his discharge. He leaves a widow but no children. wonderful tones. He was also delighted with the the St. Louis Fair two grands of H. Behning,
There were no funeral services in this city. The fact that, as he said, " i t had made a clean sweep and a square and upright of Decker
to Roxbury, Mass., where it will be interred to-day the highest award given in Cincinnati for a piano.' instruments; Reed & Thompson, those of Knabe &
Co., and P. T. Anton, those of E. McCammon.
in the Forest Hill Cemetery.
Mr. Shattinger was awarded the first premium for
the above piano exhibit and also for the best dis-
A NEW ORGAN ACTION MANUFACTURER.
R. J. A. POWELL, of Montgomery, N. Y., play of brass and string instruments.
''T^HIS well-known piano house, whose advertise-
The Sterling Organ Co., in a letter to THE
has established himself as a manufacturer o
J_ ment appears on another page of our present
issue, is making steady progress in the estimation organ action. Mr. Powell was formerly agent for MUSICAL CRITIC AND TRADE REVIEW, state that they
of the music loving public. During the past sea- Clough & Warren for his section, but, rinding he havn't much to say as to business, as they are
son their pianos, Grand, Square and Upright, have could do better for himself, he commenced the jumping right ahead trying to keep up with it.
WHAT IS THOUGHT OF THE ANSWER.
JLX.
M
M
M
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