Music Trade Review

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THE
MUSIC TRADE REVIEW.
interest in the mortgage security or in the judg-
Literary f[\ ment of foreclosure, acquires the title to the
judgment unaffected by the secret equity of the
ACCOMMODATION—NOTE—PLEDGE.
has been written about the dislike of
According to the decision of the Supreme transferee, and the latter cannot recover from
music
by eminent writers and poets. It
•Court of Illinois, in the case of Hodges vs. Nash, the assignee any part of the proceeds of such has always been a puzzle why men of rhythmi-
an accommodation note may be pledged as judgment after the judgment has been paid off cal temperament could find no pleasure in the
security if such pledge is not inconsistent with by the mortgagor.
successions of tones, which constitute mvisic.
the purposes for which the paper was executed,
CONSIGNMENT—INSURANCE—CONTRACT.
Alphonse Daudet in Paris Figato has the follow-
and the pledgee is deemed to be a holder for
Judge Pennypacker, of the Philadelphia ing to say on the subject:
value, and may maintain a suit against the Court of Common Pleas, recently held, in the
"As a rule we literary people care compara
accommodation indorser on the paper.
case of The New York Tartar Company vs. tively little for music. Gauthier's opinion of
French et al., that in the absence of a contract the ' humming and drumming called music ' is
CARLOAD" CONSTRUCTION.
or
custom requiring it, a consignor could not be well known. Hugo, Leconte de Iyisle, Bauville,
The Supreme Court of Missouri held, in the re-
held
responsible for the value of goods which Saint Victor agreed with him. Goucourt turned
cent case of Ross vs. Kansas City, St. Joseph and
the
consignees
had requested him to insure, but up his nose as soon as a piano was opened.
Council Bluffs Railroad Company, that where
which
he
had
neglected
to insure. The defend- Zola insists at times that he has heard this or
the term "carload," as used in the Missouri
ants
ordered
some
goods
of the plaintiff com- that piece of music ' somewhere,' but he never
Revised Statutes, had been construed by the
pany,
and
requested
the
company
to insure the knows from whom it is! The good Flaubert
railroad commissioners as meaning, in the light
consignment.
This
the
company
neglected to pretended to be a great musician, but only to
of existing usage, ten tons instead of all that a
please Turgeneff, who, in reality, loved only the
car can safely carry, the construction was reason- do, and the goods were lost by the foundering music cultivated in the 'Salon Viardot.' As
of
the
vessel
carrying
them.
The
defendants
able and just and would be upheld, especially
to myself, however, I love everything musical,
where it had been acted upon long enough to claimed that since the plaintiff company failed the lively music as well as the sad and classical;
to insure, there was no delivery. The court de-
have become a rule.
cided in favor of the plaintiff company, saying: the music of Beethoven, the music of the
PATENT—INFRINGEMENTS—COMBINATION.
'' There was no provision in the contract requir- Spaniards, Gluck and Chopin, Massenet and
In the case of Strait et al. vs. The National ing the plaintiff to procure the goods to be in- Saint Saens, Gounod's ' Faust,' and 'Marion-
Harrow Company, which was brought to restrain sured for the defendants. There was no evi- ette, ' the folk songs, the hand-organ, the tam-
the company from bringing certain suits for in- dence of a custom of the trade making it a duty bourine, even the bells, music for dancing,
fringements of patents, on the ground, among of vendors to get the goods insured, while the music for dreaming. It all speaks to me, in-
others, that the defendant had entered in com- two occasions upon which the plaintiff complied spires me. Wagner's music moves me, thrills
bination with various other manufacturers of with the requests of the defendants to have the me, hypnotizes me, and the violin harmonies of
spring tooth harrows for the purpose of acquir- goods insured, taken in connection with the two the gypsies, those sorcerers of music, have al-
ing monopoly in this country in the manufac- occasions in which they were sent without in- ways drawn me to the exhibitions. The despi-
ture and sale of the same, Judge Wallace, sitting surance, are insufficient to establish such a cable fellows always stop my progress, I cannot
in the United States Circuit Court at Utica, course of dealing between the parties as would leave them."
rendered a decision in favor of the company.
make it obligatory upon the plaintiff to provide
for having the goods insured."—BradstteeVs.
51? STATUTE OF FRAUDS—DELIVERY—COTTON.
Ffeeei}t
Decisions.
Where one party being indebted to another
pointed out certain bales of cotton lying some
distance away, two of which he said should be
• turned over to the other on the account, but the
cotton had not been weighed, but was to be
weighed on delivery by the former at the latter's
store, and the amount ascertained credited on
the account, the Supreme Court of South Caro-
lina held (Smith vs. Evans) that there was not
such a delivery as would take the case out of
the statute of frauds. The court held the prin-
ciple to be well settled that in the sale of per-
sonal property, where anything remains to be
done as between vendor and vendee for the pur-
pose of ascertaining either the quantity, value
or quality, as weighing, etc., there is no delivery.
THE
Sterling Company,
MORTGAGE—NOTES—DEBT—TRANSFER.
The Supreme Court of Georgia held, in the re-
cent case of The Western National Bank of New
York vs. Maverick National Bank of Boston,
that where a mortgage upon realty is given
for securing several negotiable promissory notes,
some of which notes are negotiated by the mort-
gagee before maturity and others are retained by
him, and after the maturity of all the notes, the
mortgagee in his own name, and without ever
having made any assignment of the mortgage
or any interest therein, forecloses for the whole
amount of the notes so transferred and retained,
and afterward assigns the judgment of foreclos-
ure to one of his creditors, who, besides ex-
tinguishing his antecedent debt against the
mortgagee, pays the latter a large sum in cash,
the debt and cash together being the considera-
tion of the assignment, the assignee, if he takes
the assignment without any notice of the trans-
fer of the notes or that the transferee had any
MANUFACTURERS OF
Pianos and Organs,
What instruments are they which always delight
The senses of hearing as well as of sight;
Make players and listeners loud in their praise—
No matter who listens, no matter who plays ;
And captivate all, by the way they combine
Their touch, and their music, with tasteful de-
sign ;
And make every bu3 r er forever rejoice
In the wisdom, or luck, which directed their
choice ?
(By the way—how much wisdom is needed to
tell
That the best ones to buy, are the best ones to
sell ?)
What instruments are they a dealer finds best
To place in the front of a heated contest,
Where merit must win, and intelligence guide,
With some other instrument placed by their
side?
What instruments are they, which after the test
The judges most frequently designate "best " ?
A chorus of voices, from country and town,
Both buyers and sellers, respond—"Its the
' Crown.' "
FACTORY :
LYON & HEALV, of Chicago, have finally
solved the vexed "church organ" question.
It is admitted by all that no piano ever put upon the Their Peloubet Church Organ is made under
market has met with such success as THE STERLING such a superior system that an immense saving
and thousands will testify to their superiority of work- in cost is effected, and churches may now re-
joice in full, deep-toned organ music by the ex-
manship and durability. Why ? Because they are made
penditure of only a few hundred dollars.
DERBY, CONN.
just as perfect as a piano can be made.
THE STERLING ORGAN has always taken the lead, and
the improvements made this year puts it far ahead of
all others. E3T" Send for Catalogue.
Hallet A Davis Pianos
THE CHAUTAUQUA MANNBRCHOR has been or-
ganized in Jamestown, N. Y. J. A. Ecktnan is
leader ; W. Marker, president; Manley John-
son, secretary and treasurer.
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottschalk. WehJi. Bendel, Straus, Soro, Abt,
Paulus, Titiens, Heilbron and Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.