Music Trade Review
Issue: 1886 Vol. 9 N. 12 - Page 5
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MUSIC TRADE REVIEW.
The remaining question is as to Mr. Stafford. He
took the patents from Abbot without knowledge of
the fraud, but he is in no just sense a bonafide pur-
chaser. He paid nothing for them, and he cannot
hold them' for legal services rendered, It is true that
the consideration for the assignment to him was not
only services rendered, but to be rendered. As to
the latter, however, he had notice of the plaintiff's
claim of ownership before any substantial service was
rendered upon the faith of the assigned patents. It
was not necessary that he should have had notice of
the plaintiffs present charges. It was sufficient that,
before rendering substantial services upon the faith
of the assigned patents, he knew that the plaintiff
in an important instrument, executed subsequently
to the date when Abbot claimed to have acquired
from it these very patents, recited and claimed its
ownership. This put him upon inquiry. He could
have then demanded from his client money or other
security for the proposed services. If he had gone
to the plaintiff and asked the then president what the
recitals in question meant, he would undoubtedly
have learned that Abbot's claim of an earlier transfer
was the fraud which we have found it to be. As it
was, he certainly had notice that something was
wrong, and that the plaintiff, notwithstanding any
formal assignment to Abbot, claimed the continued
ownership of the patents. Yet he proceeded lo render
services to Abbot, with the knowledge that payment
depended upon the issue of these conflicting claims.
Thus he took the risk of Abbot's title proving good,
and the plaintiff's claim proving bad. The point that
Mr. Stafford should have set up his rights affirma-
tively in his answer is also well taken. Equity will
not permit a guarded denial, in the precise terms of
an unnecessary averment, to take place of a full and
adequate disclosure of the facts upon which a party
claims to be a bona fide purchaser for value and
without notice.
There must be judgment for the plaintiff as prayed
for, with costs as against all the defendants, except
Stafford.
factory, up to the time when he was asked what prop*
erty his sister gave him in exchange for his house
and lot, when he flatly declined to answer. He said
he was willing to make a statement concerning the
matter, but his testimony on the point was what was
desired, and Judge Peck held that the question was
a proper one and must be answered. The plaintiff
offered to show that some of Mr. Graves musical
instruments were involved in the transaction. Mr.
Page's lawyer, Mr. Watson, advised and directed him
to answer, but his contumacy prevailed, even after
nearly an hour's deliberation on the subject. As he
declared he would not answer, the Court denied the
petition, and remanded Mr. Page back to jail. In an
opinion on a similar case, Judge Earl of the Court of
Appeals writes : " The sole object of the statute was
the discharge of honest debtors who made an honest
and full surrender of all their property for their
creditors. It was not intended to benefit debtors
who had disposed of their property for the purpose of
defrauding the very creditors at whose suits they
were imprisoned." Judge Earl says that in some
cases the enforcement of the statute may result in
unlimited imprisonment.
To secure his release now, Mr. Page must make a
new petition to the Court, and at the hearing must
submit to the plaintiff's cross-examination.—Batavia
Daily News.
DON'T PAY ANY MORE LICENSE FEES.
ANY of the Southern and Western cities have
been in the habit of exacting licences from
the Commercial Travelers. We have always
contended that such a law was wrong, and have urged
the travelers not to pay the tax, and have it settled.
The Supreme Court has just decided that the
money thus raised is an unjust tax upon commerce,
and that such laws and ordinances are unconstitu-
tional.
Many of these taxes have been collected from
the commercial travelers by threats of imprisonment
unless they were paid, and the question arises in our
THE PETITION DENIED.
mind if these cities and towns are not compelled to
pay back the money they have extorted from the
people. Why can't the Traveling Men's Association
MR. PAGE SENT ISAOK TO JAIL.—EXTRACTS FROM THE
bring a collective suit for the drummers against these
LAW IN HIS CASE.
cities and towns, and thus test the case? There have
been thousands of dollars thus paid for these unjust
licenses. The following are the States and towns as
ESTEEDAY afternoon, at the continuation of
the hearing of the matter of the petition of far as we have been able to tabulate, which have im-
Eliphas B. Page for his release from jail, be- posed a " Drummer's Tax."
Alabama, $15.50 per year; $10 to State, $5 to county,
fore Judge Peck, Mr.'Page declined to answer certain
and 50 cents to officer issuing licsnse.
questions and his petition was denied.
Arizona, $200 a year.
As the News has heretofore stated, Mr. Page is in-
Beaufort, S. C, $10 per week.
carcerated on a body execution. In November, 1884,
Bennettsville, S. C, $1 per visit.
a suit of W. F. Graves, of Castile, against him was
Batesburg, S. C, 75 cents per day.
tried, the issue being not alone the amount of the
Charleston, S. C, $10 per month.
defendant's indebtedness to the plaintiff, but to de
Cumberland, Md., $1 per day.
termine the question whether Mr. Page had converted
Delaware, $25 per year; fees 50 cents. Penalty,
to his own use any of Mr. Grave's property. The
$200 fine and six months to five years, option of the
jury rendered a judgment against Mr. Page of
$986.83 and found that he had converted some of the court.
Deadwood, Dak. Ter., $5 per week.
plaintiff's property. Although the action was a civil
Darlington, S. C, $1.
one, the verdict of the jury saying that the defendant
East St. Louis, $2 per day.
was guilty of conversion, put him in reach of a body
Elkton, Md., per cent, on stock carried.
execution. After the trial efforts were made to arrive
Florida, $25 per year. Year begins October 1st,
at a settlement, but they were not successful, and on
September 8 last Mr. Page was arrested upon a body and tax paid after that date is at a pro rata for the
execution and lodged in jail. A man who is im- months remaining.
Helena, $15 extra for city; Butte City, $10 extra
prisoned upon such a commitmant must remain in
jail for a period of three months, if he is unable to for city; Missoula, $5 extra for city, and all other
secure bail, but at the expiration of thattime he may towns in the Territory, from $10 to $15 per quarter.
Hartwell, Ga., $5 per trip; seldom enforced.
be taken before the court on a petition for his release,
Johnston, S. C, 50 cents per day.
providing he has previously conformed to the law.
The plaintiff must be given fourteen days' notice of
Lewiston, Idaho, $5 per trip.
the defendant's petition.
Montana, $100 per year for each county.
Memphis, $10 per week, $25 per month, license to
Mr. Page finally got his petition under way.
Accompanying it was his affidavit, which included run three months.
Mobile, Ala., $3 per day; $7 per week, strictly en-
the following: " I have not at any time, or in any
manner whatsoever, disposed of or made over any forced.
Natchez, Miss., $2.50 per day—half to the spotter.
part of my property * * for the future benefit of
New Orleans, La., $50 per year, seldom enforced.
myself or my family, or disposed of or made over any
Newport, Ky., $1 a month.
part of my property with intent to injure or defraud
any of my creditors." Upon the defendant's affidavit
North Carolina, $100 per year. $250 per year for
to that effect, the plaintiff is given the right to cross- sewing machine and liquor salesmen. $250 penalty.
examination. The plaintiff claims, among other
Nevada, $200 a year for liquor salesmen; cigars
things, that Mr. Page converted musical instruments and tobacco, $150; boots and shoes, $175: other
belonging to him (the plaintiff) for village lots, and lines, $100.
that he traded the lots for a house and lot on Bank
Orangeburg, S. C, $2 per day.
street, which he subsequently deeded to his sister.
Savannah, Ga., $10 per week ; 10 per cent, off for
Mr. Page's examination yesterday proceeded unsatis- cash.
Y
M
St. Matthews, S. C, $1 per day, $3 per year.
San Francisco, Oal., $25 per quarter.
Texas, $35 per year.
Tucson, Arizona, $50 per quarter.
Tombstone, Arizona, $10 per day.
Virginia, $75 per year. $250 penalty.
Wilmington, N. C, $3 per day. Not enforced if
victim holds a State License.
Washington, D. C, $200 per year.
Walhalla, S. C, $1 per day, $3 per year.
KIND WORDS.
PHILADELPHIA, PA., Jan. 20.
WELLES & BILL :
GENTLEMEN : Enclosed please find my check for
advertising for the year 1886, in your valuable paper,
and wishing the new firm great success, I remain,
Yours respectfully,
JOHN PIKE.
CINCINNATI, Jan. 19.
WELLES & BILL ;
Judging from the size of your number of the Mu-
sic TRADE EEVIEW received this morning, there will
not be paper enough left in Gotham for another issue,
so please send me another copy. It is a most cred-
itable display of enterprise and push. By the way,
I wish you would change that "Trade Chat" head-
ing, for some of us know that one lyre is enough in
one department.
Business is D
, yes, too dull to mention, and
yet " we rent a piano once in a while."
Yours truly,
H. L. BENHAM,
With H. WURLTTZER &, BRO.
NEW ORLEANS, Jan. 20, 1886.
MESSRS. WELLES & BILL, 22 East 17th street:
GENTLEMEN :—I think the Exposition will close
for want of attendance. Business dull yet, on ac-
count of bad weather. Will be glad to hear from you
occasionally. All send regards and will be glad to
see you. Your paper splendid and like it much
better than anything I have seen. With very best
wishes.
Remain your friend.
JUNIUS HABT.
TESTIMONIALS TO THE SWICK PIANO.
TALCOTT MUSIC CO., GENEVA, O., Aug. 17, 1885.
MESSRS. SWICK & Co.:
The pianos of your make are giving good satisfac-
tion and we are much pleased with them. The
prospects of our doing a large business with the
popular concert grand upright is most flattering,
as they are the right instruments in the right place.
Truly yours,
CHARLES TALOOTT.
NEW BBBMEN, O., Aug. 20, 1885.
MESSRS. SWICK & Co., New York:
GENTS : The piano arrived all in good order, and
beyond doubt is the finest toned and best finished in-
strument I have handled for the price. I can safely
recommend your pianos to all.
Respectfully,
ED. PuBPtrs.
PHILADELPHIA, Sep. 15, 1885.
MESSBS. SWICK & Co.:
DEAR SIBS : Yours of the 14th inst. came duly to
hand asking our opinion of your upright No. B. I
think it a fair piano for the money.
Yours truly,
WM, G. FISHER,
by Eldorus Hurff.
PATERSON, Aug. 15, 1885.
MESSRS SWICK & Co.:
GENTS : Allow me to express my admiration for
your beautiful pianos. They are perfect in tone,
quality, and workmanship, and are destined to create
a sensation in the musical circles.
Yours very truly,
JAS. NEWBY, J E .
-- digitized with support from namm.org
THE arcade-museum.com
MUSIC TRADE REVIEW.
The remaining question is as to Mr. Stafford. He
took the patents from Abbot without knowledge of
the fraud, but he is in no just sense a bonafide pur-
chaser. He paid nothing for them, and he cannot
hold them' for legal services rendered, It is true that
the consideration for the assignment to him was not
only services rendered, but to be rendered. As to
the latter, however, he had notice of the plaintiff's
claim of ownership before any substantial service was
rendered upon the faith of the assigned patents. It
was not necessary that he should have had notice of
the plaintiffs present charges. It was sufficient that,
before rendering substantial services upon the faith
of the assigned patents, he knew that the plaintiff
in an important instrument, executed subsequently
to the date when Abbot claimed to have acquired
from it these very patents, recited and claimed its
ownership. This put him upon inquiry. He could
have then demanded from his client money or other
security for the proposed services. If he had gone
to the plaintiff and asked the then president what the
recitals in question meant, he would undoubtedly
have learned that Abbot's claim of an earlier transfer
was the fraud which we have found it to be. As it
was, he certainly had notice that something was
wrong, and that the plaintiff, notwithstanding any
formal assignment to Abbot, claimed the continued
ownership of the patents. Yet he proceeded lo render
services to Abbot, with the knowledge that payment
depended upon the issue of these conflicting claims.
Thus he took the risk of Abbot's title proving good,
and the plaintiff's claim proving bad. The point that
Mr. Stafford should have set up his rights affirma-
tively in his answer is also well taken. Equity will
not permit a guarded denial, in the precise terms of
an unnecessary averment, to take place of a full and
adequate disclosure of the facts upon which a party
claims to be a bona fide purchaser for value and
without notice.
There must be judgment for the plaintiff as prayed
for, with costs as against all the defendants, except
Stafford.
factory, up to the time when he was asked what prop*
erty his sister gave him in exchange for his house
and lot, when he flatly declined to answer. He said
he was willing to make a statement concerning the
matter, but his testimony on the point was what was
desired, and Judge Peck held that the question was
a proper one and must be answered. The plaintiff
offered to show that some of Mr. Graves musical
instruments were involved in the transaction. Mr.
Page's lawyer, Mr. Watson, advised and directed him
to answer, but his contumacy prevailed, even after
nearly an hour's deliberation on the subject. As he
declared he would not answer, the Court denied the
petition, and remanded Mr. Page back to jail. In an
opinion on a similar case, Judge Earl of the Court of
Appeals writes : " The sole object of the statute was
the discharge of honest debtors who made an honest
and full surrender of all their property for their
creditors. It was not intended to benefit debtors
who had disposed of their property for the purpose of
defrauding the very creditors at whose suits they
were imprisoned." Judge Earl says that in some
cases the enforcement of the statute may result in
unlimited imprisonment.
To secure his release now, Mr. Page must make a
new petition to the Court, and at the hearing must
submit to the plaintiff's cross-examination.—Batavia
Daily News.
DON'T PAY ANY MORE LICENSE FEES.
ANY of the Southern and Western cities have
been in the habit of exacting licences from
the Commercial Travelers. We have always
contended that such a law was wrong, and have urged
the travelers not to pay the tax, and have it settled.
The Supreme Court has just decided that the
money thus raised is an unjust tax upon commerce,
and that such laws and ordinances are unconstitu-
tional.
Many of these taxes have been collected from
the commercial travelers by threats of imprisonment
unless they were paid, and the question arises in our
THE PETITION DENIED.
mind if these cities and towns are not compelled to
pay back the money they have extorted from the
people. Why can't the Traveling Men's Association
MR. PAGE SENT ISAOK TO JAIL.—EXTRACTS FROM THE
bring a collective suit for the drummers against these
LAW IN HIS CASE.
cities and towns, and thus test the case? There have
been thousands of dollars thus paid for these unjust
licenses. The following are the States and towns as
ESTEEDAY afternoon, at the continuation of
the hearing of the matter of the petition of far as we have been able to tabulate, which have im-
Eliphas B. Page for his release from jail, be- posed a " Drummer's Tax."
Alabama, $15.50 per year; $10 to State, $5 to county,
fore Judge Peck, Mr.'Page declined to answer certain
and 50 cents to officer issuing licsnse.
questions and his petition was denied.
Arizona, $200 a year.
As the News has heretofore stated, Mr. Page is in-
Beaufort, S. C, $10 per week.
carcerated on a body execution. In November, 1884,
Bennettsville, S. C, $1 per visit.
a suit of W. F. Graves, of Castile, against him was
Batesburg, S. C, 75 cents per day.
tried, the issue being not alone the amount of the
Charleston, S. C, $10 per month.
defendant's indebtedness to the plaintiff, but to de
Cumberland, Md., $1 per day.
termine the question whether Mr. Page had converted
Delaware, $25 per year; fees 50 cents. Penalty,
to his own use any of Mr. Grave's property. The
$200 fine and six months to five years, option of the
jury rendered a judgment against Mr. Page of
$986.83 and found that he had converted some of the court.
Deadwood, Dak. Ter., $5 per week.
plaintiff's property. Although the action was a civil
Darlington, S. C, $1.
one, the verdict of the jury saying that the defendant
East St. Louis, $2 per day.
was guilty of conversion, put him in reach of a body
Elkton, Md., per cent, on stock carried.
execution. After the trial efforts were made to arrive
Florida, $25 per year. Year begins October 1st,
at a settlement, but they were not successful, and on
September 8 last Mr. Page was arrested upon a body and tax paid after that date is at a pro rata for the
execution and lodged in jail. A man who is im- months remaining.
Helena, $15 extra for city; Butte City, $10 extra
prisoned upon such a commitmant must remain in
jail for a period of three months, if he is unable to for city; Missoula, $5 extra for city, and all other
secure bail, but at the expiration of thattime he may towns in the Territory, from $10 to $15 per quarter.
Hartwell, Ga., $5 per trip; seldom enforced.
be taken before the court on a petition for his release,
Johnston, S. C, 50 cents per day.
providing he has previously conformed to the law.
The plaintiff must be given fourteen days' notice of
Lewiston, Idaho, $5 per trip.
the defendant's petition.
Montana, $100 per year for each county.
Memphis, $10 per week, $25 per month, license to
Mr. Page finally got his petition under way.
Accompanying it was his affidavit, which included run three months.
Mobile, Ala., $3 per day; $7 per week, strictly en-
the following: " I have not at any time, or in any
manner whatsoever, disposed of or made over any forced.
Natchez, Miss., $2.50 per day—half to the spotter.
part of my property * * for the future benefit of
New Orleans, La., $50 per year, seldom enforced.
myself or my family, or disposed of or made over any
Newport, Ky., $1 a month.
part of my property with intent to injure or defraud
any of my creditors." Upon the defendant's affidavit
North Carolina, $100 per year. $250 per year for
to that effect, the plaintiff is given the right to cross- sewing machine and liquor salesmen. $250 penalty.
examination. The plaintiff claims, among other
Nevada, $200 a year for liquor salesmen; cigars
things, that Mr. Page converted musical instruments and tobacco, $150; boots and shoes, $175: other
belonging to him (the plaintiff) for village lots, and lines, $100.
that he traded the lots for a house and lot on Bank
Orangeburg, S. C, $2 per day.
street, which he subsequently deeded to his sister.
Savannah, Ga., $10 per week ; 10 per cent, off for
Mr. Page's examination yesterday proceeded unsatis- cash.
Y
M
St. Matthews, S. C, $1 per day, $3 per year.
San Francisco, Oal., $25 per quarter.
Texas, $35 per year.
Tucson, Arizona, $50 per quarter.
Tombstone, Arizona, $10 per day.
Virginia, $75 per year. $250 penalty.
Wilmington, N. C, $3 per day. Not enforced if
victim holds a State License.
Washington, D. C, $200 per year.
Walhalla, S. C, $1 per day, $3 per year.
KIND WORDS.
PHILADELPHIA, PA., Jan. 20.
WELLES & BILL :
GENTLEMEN : Enclosed please find my check for
advertising for the year 1886, in your valuable paper,
and wishing the new firm great success, I remain,
Yours respectfully,
JOHN PIKE.
CINCINNATI, Jan. 19.
WELLES & BILL ;
Judging from the size of your number of the Mu-
sic TRADE EEVIEW received this morning, there will
not be paper enough left in Gotham for another issue,
so please send me another copy. It is a most cred-
itable display of enterprise and push. By the way,
I wish you would change that "Trade Chat" head-
ing, for some of us know that one lyre is enough in
one department.
Business is D
, yes, too dull to mention, and
yet " we rent a piano once in a while."
Yours truly,
H. L. BENHAM,
With H. WURLTTZER &, BRO.
NEW ORLEANS, Jan. 20, 1886.
MESSRS. WELLES & BILL, 22 East 17th street:
GENTLEMEN :—I think the Exposition will close
for want of attendance. Business dull yet, on ac-
count of bad weather. Will be glad to hear from you
occasionally. All send regards and will be glad to
see you. Your paper splendid and like it much
better than anything I have seen. With very best
wishes.
Remain your friend.
JUNIUS HABT.
TESTIMONIALS TO THE SWICK PIANO.
TALCOTT MUSIC CO., GENEVA, O., Aug. 17, 1885.
MESSRS. SWICK & Co.:
The pianos of your make are giving good satisfac-
tion and we are much pleased with them. The
prospects of our doing a large business with the
popular concert grand upright is most flattering,
as they are the right instruments in the right place.
Truly yours,
CHARLES TALOOTT.
NEW BBBMEN, O., Aug. 20, 1885.
MESSRS. SWICK & Co., New York:
GENTS : The piano arrived all in good order, and
beyond doubt is the finest toned and best finished in-
strument I have handled for the price. I can safely
recommend your pianos to all.
Respectfully,
ED. PuBPtrs.
PHILADELPHIA, Sep. 15, 1885.
MESSBS. SWICK & Co.:
DEAR SIBS : Yours of the 14th inst. came duly to
hand asking our opinion of your upright No. B. I
think it a fair piano for the money.
Yours truly,
WM, G. FISHER,
by Eldorus Hurff.
PATERSON, Aug. 15, 1885.
MESSRS SWICK & Co.:
GENTS : Allow me to express my admiration for
your beautiful pianos. They are perfect in tone,
quality, and workmanship, and are destined to create
a sensation in the musical circles.
Yours very truly,
JAS. NEWBY, J E .
Future scanning projects are planned by the International Arcade Museum Library (IAML).