Music Trade Review
Issue: 1893 Vol. 18 N. 16 - Page 8
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THE MUSIC TRADE REVIEW.
ro
NATIONAL
CONSERVATORY
RECENT
U£GAL DECISIONS,
CONSTITUTIONAL LAW—BILL OF DISCOVERY—
TRIAL BY JURY.
Code 1886, I 3546, relating to bills of dis-
covery, as amended by Sess. Acts 1888 89, p.
96, providing that any number of judgment or
other creditors may ioin as complainants in
sucli bill, is not in conflict with Const, art. 1, g
12, "preserving the right of trial by jury,"
because it does not provide for a jury trial to
determine the amounts due the several com-
plainants.
Cook v. New York Condensed Milk Co., et
al., Supreme Court of Alabama, July 27, 1893.
•'THE HIGHEST TYPE."
#
STICK
HANDS
ACCIDENT INSURANCE—CONDITION OF POLICY—
NOTICE OF INJURY.
An accident policy of insurance, stipulating
that failure to notify the company of an injury
ior the space of 10 days after it is received shall
bar all claim under the policy, is valid ; and
when such stipulation has neither been complied
with nor waived the assured cannot recover
upon the policy.
Heywood v. Maine Mutual Accident Associa-
tion, Supreme Judicial Court of Maine, Jan. 27,
1893.
MANUFACTURED BY
p i RA
NOTE—NOTICE OF PROTEST.
Where a notary sent a notice of protest of
a note addressed to the indorser to the payee,
whose bookkeeper duly mailed it to the in-
dorser, stamped, and with direction to return if
not delivered in five days, and the letter was
not returned, it was sufficient evidence that the
notice was sent and received.—Swampscott
Machine Co. v. Rice et ux., Supreme Judicial
Court of Massachusetts, Suffolk, June 21, 1893.
SALE—FRAUDULENT INTENT OF PURCHASER—
INSTRUCTION.
In replevin by the sellers of goods against the
agent of the mortgagees of the purchaser, on the
ground that the goods were obtained by fraud,
there was evidence that the purchaser, at the
time of the sale, was insolvent, and that it did
not intend or expect to pay for such goods.
Held, that the court properly charged that a
purchase of goods on credit, with intent not to
pay for them, is fraudulent, and, if the pur-
chaser has no reasonable expectations of being
able to pay, it is equivalent to an intention not
to pay.
Wilmot v. L,yon et al., Supreme Court of
Ohio, January Term, 1892.
ATTACHMENT—WHEN ALLOWED—PARTIAL SE-
CURITY—BOND—SECOND ATTACH-
MENT—AFFIDAVITS.
1. Where a debt is alleged against only one
defendant, and an attachment sought against his
property, the attachment bond is properly made
payable to him alone.
2. Plaintiff's right to attachment is not im-
paired by the fact that he has collateral security
for part of his debt.
3. Under Sayles'Civil St., Art. 161, providing
that several writs of attachment may be issued
at the same time, or in succession, and sent to
different counties, a second attachment may be
issued two months after the filing of the peti-
tion and affidavits without the filing of a new
petition and affidavits.
Branshaw v. Tinsley, Court of Civil Appeals
of Texas, September 13. 1893.
or MUSIC.
171 AND 173 SO. CANAL STREET,
CHICAGO.
THE
Sterling Company,
N November 1, 1893, Mr. Hunton introduced
the following bill in the Senate of the
United States, which was read twice and referred
to the Committee on the District of Columbia :
A Bill to provide a building site for the National
Conservatory of Music of America.
Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Con-
gress assembled, That the Secretary of the
Treasury, the Secretary of the Interior and the
President of the Board of Commissioners of the
District of Columbia be, and are hereby, appoint-
ed as a commission to select and set apart a
building site for the use of the National Con-
servatory of Music of America, a corporation
under the laws of the United States. Said com-
mission, or a majority of its members, shall pro-
ceed to select for the use of said National Con-
servatory of Music of America such building
site in or upon any of the Government lands
situated within the District of Columbia as in
their judgment shall be suitable and proper to
be used aud occupied by said National Conser-
vatory of Music of America, for the corporate
purposes thereof. And said commission, upon
designating said site, shall make, execute and
deliver to the said National Conservatory of
Music of America, through its proper officers, an
instrument in writing granting, conveying and
setting apart to the said corporation the land so
designated, which lands shall in said instrument
be fully described, and which said instrument
shall be signed by^a majority of the members of
said commission. Upon the delivery of such
instrument to said corporation the title to the
lands described therein shall be and remain for-
ever vested in said National Conservatory of
Music of America : Provided, hozuever, That the
same shall be used only as a site for a building
or buildings intended for use in and about the
corporate purposes of said corporation, and said
National Conservatory of Music of America
shall not have any power or authority to grant
or convey said lands or any portion of the same.
AMONG our American " exchanges " there is
none for which we have a greater admiration
than for the New York Music TRADE REVIEW,
which has now entered upon its fifteenth year of
existence. Since the death of his cousin, Mr.
Kdward L,ytnan Bill, who deservedly enjoys as a
man and a journalist the confidence and esteem
of the trade, has had the invaluable assistance
MANUFACTURERS OF
as co-editor of Mr. Daniel Spillane, who is well
known on both sides of the Atlantic as an
authority on scientific pianoforte construction,
and as a singularly lucid and cogent writer.
THE MUSIC TRADE REVIEW has always been
conducted on straightforward, progressive and
dignified lines, and we sincerely wish for it a
DERBY, CONN.
continuance of the success it enjoys.—Piano
It is admitted by all that no piano ever put upon the and Organ fournal and Music Trades.
Pianos and Organs,
market has met with such success as THE STERLING
and thousands will testify to their superiority of work-
manship and durability. Why ? Because they are made
just as perfect as a piano can be made.
^ T H E STERLING ORGAN has always taken the lead, and
the improvements made this year puts it far ahead of
all otheis. 5SF" Send for Catalogue.
Hallet £ Davis Pianos
, In Carlsruhe, any one who plays on the piano
with the window open is fined.
" He offered to sell me his cornet for $30."
" That's strange. He wanted me to pay $100
for it."
" Yes ; but you live next door to him."
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottschalk, Wehli, Bendel, Straus, Soro, Abt,
Paulus, Titiens, Heilbron and Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.
THE MUSIC TRADE REVIEW.
ro
NATIONAL
CONSERVATORY
RECENT
U£GAL DECISIONS,
CONSTITUTIONAL LAW—BILL OF DISCOVERY—
TRIAL BY JURY.
Code 1886, I 3546, relating to bills of dis-
covery, as amended by Sess. Acts 1888 89, p.
96, providing that any number of judgment or
other creditors may ioin as complainants in
sucli bill, is not in conflict with Const, art. 1, g
12, "preserving the right of trial by jury,"
because it does not provide for a jury trial to
determine the amounts due the several com-
plainants.
Cook v. New York Condensed Milk Co., et
al., Supreme Court of Alabama, July 27, 1893.
•'THE HIGHEST TYPE."
#
STICK
HANDS
ACCIDENT INSURANCE—CONDITION OF POLICY—
NOTICE OF INJURY.
An accident policy of insurance, stipulating
that failure to notify the company of an injury
ior the space of 10 days after it is received shall
bar all claim under the policy, is valid ; and
when such stipulation has neither been complied
with nor waived the assured cannot recover
upon the policy.
Heywood v. Maine Mutual Accident Associa-
tion, Supreme Judicial Court of Maine, Jan. 27,
1893.
MANUFACTURED BY
p i RA
NOTE—NOTICE OF PROTEST.
Where a notary sent a notice of protest of
a note addressed to the indorser to the payee,
whose bookkeeper duly mailed it to the in-
dorser, stamped, and with direction to return if
not delivered in five days, and the letter was
not returned, it was sufficient evidence that the
notice was sent and received.—Swampscott
Machine Co. v. Rice et ux., Supreme Judicial
Court of Massachusetts, Suffolk, June 21, 1893.
SALE—FRAUDULENT INTENT OF PURCHASER—
INSTRUCTION.
In replevin by the sellers of goods against the
agent of the mortgagees of the purchaser, on the
ground that the goods were obtained by fraud,
there was evidence that the purchaser, at the
time of the sale, was insolvent, and that it did
not intend or expect to pay for such goods.
Held, that the court properly charged that a
purchase of goods on credit, with intent not to
pay for them, is fraudulent, and, if the pur-
chaser has no reasonable expectations of being
able to pay, it is equivalent to an intention not
to pay.
Wilmot v. L,yon et al., Supreme Court of
Ohio, January Term, 1892.
ATTACHMENT—WHEN ALLOWED—PARTIAL SE-
CURITY—BOND—SECOND ATTACH-
MENT—AFFIDAVITS.
1. Where a debt is alleged against only one
defendant, and an attachment sought against his
property, the attachment bond is properly made
payable to him alone.
2. Plaintiff's right to attachment is not im-
paired by the fact that he has collateral security
for part of his debt.
3. Under Sayles'Civil St., Art. 161, providing
that several writs of attachment may be issued
at the same time, or in succession, and sent to
different counties, a second attachment may be
issued two months after the filing of the peti-
tion and affidavits without the filing of a new
petition and affidavits.
Branshaw v. Tinsley, Court of Civil Appeals
of Texas, September 13. 1893.
or MUSIC.
171 AND 173 SO. CANAL STREET,
CHICAGO.
THE
Sterling Company,
N November 1, 1893, Mr. Hunton introduced
the following bill in the Senate of the
United States, which was read twice and referred
to the Committee on the District of Columbia :
A Bill to provide a building site for the National
Conservatory of Music of America.
Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Con-
gress assembled, That the Secretary of the
Treasury, the Secretary of the Interior and the
President of the Board of Commissioners of the
District of Columbia be, and are hereby, appoint-
ed as a commission to select and set apart a
building site for the use of the National Con-
servatory of Music of America, a corporation
under the laws of the United States. Said com-
mission, or a majority of its members, shall pro-
ceed to select for the use of said National Con-
servatory of Music of America such building
site in or upon any of the Government lands
situated within the District of Columbia as in
their judgment shall be suitable and proper to
be used aud occupied by said National Conser-
vatory of Music of America, for the corporate
purposes thereof. And said commission, upon
designating said site, shall make, execute and
deliver to the said National Conservatory of
Music of America, through its proper officers, an
instrument in writing granting, conveying and
setting apart to the said corporation the land so
designated, which lands shall in said instrument
be fully described, and which said instrument
shall be signed by^a majority of the members of
said commission. Upon the delivery of such
instrument to said corporation the title to the
lands described therein shall be and remain for-
ever vested in said National Conservatory of
Music of America : Provided, hozuever, That the
same shall be used only as a site for a building
or buildings intended for use in and about the
corporate purposes of said corporation, and said
National Conservatory of Music of America
shall not have any power or authority to grant
or convey said lands or any portion of the same.
AMONG our American " exchanges " there is
none for which we have a greater admiration
than for the New York Music TRADE REVIEW,
which has now entered upon its fifteenth year of
existence. Since the death of his cousin, Mr.
Kdward L,ytnan Bill, who deservedly enjoys as a
man and a journalist the confidence and esteem
of the trade, has had the invaluable assistance
MANUFACTURERS OF
as co-editor of Mr. Daniel Spillane, who is well
known on both sides of the Atlantic as an
authority on scientific pianoforte construction,
and as a singularly lucid and cogent writer.
THE MUSIC TRADE REVIEW has always been
conducted on straightforward, progressive and
dignified lines, and we sincerely wish for it a
DERBY, CONN.
continuance of the success it enjoys.—Piano
It is admitted by all that no piano ever put upon the and Organ fournal and Music Trades.
Pianos and Organs,
market has met with such success as THE STERLING
and thousands will testify to their superiority of work-
manship and durability. Why ? Because they are made
just as perfect as a piano can be made.
^ T H E STERLING ORGAN has always taken the lead, and
the improvements made this year puts it far ahead of
all otheis. 5SF" Send for Catalogue.
Hallet £ Davis Pianos
, In Carlsruhe, any one who plays on the piano
with the window open is fined.
" He offered to sell me his cornet for $30."
" That's strange. He wanted me to pay $100
for it."
" Yes ; but you live next door to him."
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottschalk, Wehli, Bendel, Straus, Soro, Abt,
Paulus, Titiens, Heilbron and Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.
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