Music Trade Review
Issue: 1893 Vol. 18 N. 17 - Page 6
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THE MUSIC TRADE REVIEW.
W. W, KIM0AUL
W. KIMBALL," says the Chicago
Evening Post, " is a fair type of the
broad-minded, . public-spirited men through
whom Chicago maintains its commercial suprem-
acy and metropolitan character. Knowing the
entire alphabet of his business, quick to seize
upon and improve opportunities of trade, and
strictly attentive to the rules which an exacting
position imposes upon him. Mr. Kimball's
equipment covers a much wider range than is
comprised within the limitations of a business
enterprise. As a result of doing the right thing
at the right time success has come to him. Mr.
Kimball was born in Oxford County, Maine, in
1828, and is of good old New England stock.
After a course of training in district and high
schools he clerked and taught school for a time,
but the bent of his inclination was strongly com-
mercial. In 1857, while traveling for a Boston
firm, he visited Chicago and found something
congenial in the whirl of its traffic and in the
vitality of its enterprises. Next year he located
here and commenced business as a dealer in
pianos and organs. The infinite domain beyond
Chicago was mainly a wilderness then, and in
the clearing of that vast country the material
necessities had to take precedence of the arts.
In 1864 he established Chicago's first wholesale
trade in pianos in the old Crosby Opera House.
The great fire destroyed his entire plant, but
forty eight hours afterward he had converted his
private residence, on Michigan avenue, into a
musical warehouse, with the billiard room for
an office and the barn for the shipping depart-
ment. Eleven years ago the W W. Kimball
Company was formed, and the present location
was adopted during the last presidential cam-
paign. It is not generally known that this city
holds within its borders the largest piano and
organ factories in the world. These Mr. Kim-
ball established in 1881 and 1887. Personally
speaking, Mr. Kimball is not only a man of
quick, comprehensive and commanding intellect,
but of a cheerful, natural vitality and humor
that convert great labors into an invigorating
pastime. He is fond of the drama, society and
club life. While classed among Chicago's
millionaires and known to have been one of the
original promoters of many of its public institu-
tions, to possess great wealth has never been
the quickening principle of his ambition. A
happy faculty of interpreting the peculiarities
of strangers with the rapidity of intuition and
almost infallible accuracy has been one main
secret of his success in mercantile life. The best
evidence of great mental endowment lies in his
work and its lasting imprint on one of the great
art interests of society. Mr. Kimball is some-
thing of a wit and is quite famous for his stories
and humorous anecdotes. His treatment of his
employees brings out some of the best traits of
his character. Men are now working for him
who entered his employ on the day he started in
business in Chicago, and he has the full con-
fidence and respect of all the men under him.
In 1865 Mr. Kimball married Evalyne M. Cone,
of this city, and at present occupies a magnifi-
cent residence at 1801 Prairie avenue. Mr.
Kimball's name is on the membership of nearly
all the city's prominent clubs and social organ-
izations."
R£C£NT UEGAU
_D£CISI0NS,
MORTGAGES—FORECLOSURE FOR INSTALLMENTS
OF INTEREST.—EFFECT.
How. St. § 8498, subd. 4, provides that, in
case of mortgages given to secure the payment
of money by installments, each installment
after the first shall be deemed a separate mort-
gage, and such mortgage for each of such in-
stallment may be foreclosed as if such separate
mortgages were given for each of such subse-
quent installments, and a redemption of any
such sale by the mortgagor shall have the like
effect as if the sale for such installments had
been made on an independent prior mortgage.
Held, that such statute includes installments of
interest, as well as principal, and that where
there was a statutory foreclosure and sale for
installments of interest and a redemption by the
grantee of the mortgagors, the mortgage was
not extinguished. Miles v. Skinner, 3 N. W.
Rep. 918, 42 Mich. 181, distinguished.
Edgar v. Edgar et al., Supreme Court of
Michigan, July 25, 1893.
INSURANCE—PROOFS OF LOSS—SECONDARY EVI-
DENCE—FOUNDATION FOR RECEP-
TION—WAIVER.
1. Upon the trial of an action to recover for a
loss by fire under an insurance policy, notice at
the trial to the defendant's attorneys to produce
proofs of loss, sent by plaintiff to the company
in a distant State, it not appearing that they
were within reach of its attorneys at that time,
is insufficient to lay the foundation for secondary
evidence.
2. Where proofs of loss are shown to have
been properly mailed to the company at their
place of business or the home office, it will be
presumed that they were received in due course
of mail till the contrary is made to appear.
3. Evidence held insufficient to prove a
waiver of the service upon the company of the
proofs of loss required by the policy.
Dade v. Aetna Insurance Co., Supreme Court
of Minnesota, July 31, 1893.
NEGOTIABLE INSTRUMENTS—ACTION BY INDOR-
SEE—EVIDENCE.
1. The indorsee of a promissory note may
maintain an action thereon against the maker,
although others are beneficially interested with
the plaintiff therein.
2. An indorsee of negotiable paper, taken
before maturity as collateral security for an
antecedent debt, in good faith, and without
notice of defenses, such as fraud, which might
have been available as between the original
parties, holds the same free from such defenses.
3. Evidence held sufficient to show that the
note in suit was thus taken in good faith, and
without notice of the fraud alleged in defense.
Rosemond v. Graham, Supreme Court of
Minnesota, July 26, 1893.
NEGOTIABLE PAPER—ALTERATION—FORGERY.
According to the decision 01 the United
States Circuit Court of Appeals, in the case of
The Exchange National Bank of Spokane vs.
The Bank of Little Rock, Ark., the rule of
caveat emptor applies to the purchaser of nego-
tiable paper to such an extent that he must bear
the loss resulting from a fraudulent and un-
authorized alteration in the terms or amount of
a draft made by a third person after its issuance
and before its purchase, even where the drawer
or maker writes it so carelessly that the forgery
may be committed without exciting any sus-
picion thereof.
CONTRACT—CERTAINTY.
1. An agreement to enter into a contract in
the future, in order to be enforceable, must ex-
press all the material and essential terms of
A N • ILLUSTRATED %ROCU UR E
fiEGANT?f?ICE-L[5T5 -MENU-CARDS- etc.,efc
FINE -WOOD 'ENGRAVING • OF-PIANO-;
MUSIC TITLES -BRASS -DIES • FOR ^ a,
PEW- DRAWINGS • BUILDIHGS- LANDSCAPES • PORTRAITS
PHOTO-ENGRAVING HALFTONES £ C
THE MUSIC TRADE REVIEW.
W. W, KIM0AUL
W. KIMBALL," says the Chicago
Evening Post, " is a fair type of the
broad-minded, . public-spirited men through
whom Chicago maintains its commercial suprem-
acy and metropolitan character. Knowing the
entire alphabet of his business, quick to seize
upon and improve opportunities of trade, and
strictly attentive to the rules which an exacting
position imposes upon him. Mr. Kimball's
equipment covers a much wider range than is
comprised within the limitations of a business
enterprise. As a result of doing the right thing
at the right time success has come to him. Mr.
Kimball was born in Oxford County, Maine, in
1828, and is of good old New England stock.
After a course of training in district and high
schools he clerked and taught school for a time,
but the bent of his inclination was strongly com-
mercial. In 1857, while traveling for a Boston
firm, he visited Chicago and found something
congenial in the whirl of its traffic and in the
vitality of its enterprises. Next year he located
here and commenced business as a dealer in
pianos and organs. The infinite domain beyond
Chicago was mainly a wilderness then, and in
the clearing of that vast country the material
necessities had to take precedence of the arts.
In 1864 he established Chicago's first wholesale
trade in pianos in the old Crosby Opera House.
The great fire destroyed his entire plant, but
forty eight hours afterward he had converted his
private residence, on Michigan avenue, into a
musical warehouse, with the billiard room for
an office and the barn for the shipping depart-
ment. Eleven years ago the W W. Kimball
Company was formed, and the present location
was adopted during the last presidential cam-
paign. It is not generally known that this city
holds within its borders the largest piano and
organ factories in the world. These Mr. Kim-
ball established in 1881 and 1887. Personally
speaking, Mr. Kimball is not only a man of
quick, comprehensive and commanding intellect,
but of a cheerful, natural vitality and humor
that convert great labors into an invigorating
pastime. He is fond of the drama, society and
club life. While classed among Chicago's
millionaires and known to have been one of the
original promoters of many of its public institu-
tions, to possess great wealth has never been
the quickening principle of his ambition. A
happy faculty of interpreting the peculiarities
of strangers with the rapidity of intuition and
almost infallible accuracy has been one main
secret of his success in mercantile life. The best
evidence of great mental endowment lies in his
work and its lasting imprint on one of the great
art interests of society. Mr. Kimball is some-
thing of a wit and is quite famous for his stories
and humorous anecdotes. His treatment of his
employees brings out some of the best traits of
his character. Men are now working for him
who entered his employ on the day he started in
business in Chicago, and he has the full con-
fidence and respect of all the men under him.
In 1865 Mr. Kimball married Evalyne M. Cone,
of this city, and at present occupies a magnifi-
cent residence at 1801 Prairie avenue. Mr.
Kimball's name is on the membership of nearly
all the city's prominent clubs and social organ-
izations."
R£C£NT UEGAU
_D£CISI0NS,
MORTGAGES—FORECLOSURE FOR INSTALLMENTS
OF INTEREST.—EFFECT.
How. St. § 8498, subd. 4, provides that, in
case of mortgages given to secure the payment
of money by installments, each installment
after the first shall be deemed a separate mort-
gage, and such mortgage for each of such in-
stallment may be foreclosed as if such separate
mortgages were given for each of such subse-
quent installments, and a redemption of any
such sale by the mortgagor shall have the like
effect as if the sale for such installments had
been made on an independent prior mortgage.
Held, that such statute includes installments of
interest, as well as principal, and that where
there was a statutory foreclosure and sale for
installments of interest and a redemption by the
grantee of the mortgagors, the mortgage was
not extinguished. Miles v. Skinner, 3 N. W.
Rep. 918, 42 Mich. 181, distinguished.
Edgar v. Edgar et al., Supreme Court of
Michigan, July 25, 1893.
INSURANCE—PROOFS OF LOSS—SECONDARY EVI-
DENCE—FOUNDATION FOR RECEP-
TION—WAIVER.
1. Upon the trial of an action to recover for a
loss by fire under an insurance policy, notice at
the trial to the defendant's attorneys to produce
proofs of loss, sent by plaintiff to the company
in a distant State, it not appearing that they
were within reach of its attorneys at that time,
is insufficient to lay the foundation for secondary
evidence.
2. Where proofs of loss are shown to have
been properly mailed to the company at their
place of business or the home office, it will be
presumed that they were received in due course
of mail till the contrary is made to appear.
3. Evidence held insufficient to prove a
waiver of the service upon the company of the
proofs of loss required by the policy.
Dade v. Aetna Insurance Co., Supreme Court
of Minnesota, July 31, 1893.
NEGOTIABLE INSTRUMENTS—ACTION BY INDOR-
SEE—EVIDENCE.
1. The indorsee of a promissory note may
maintain an action thereon against the maker,
although others are beneficially interested with
the plaintiff therein.
2. An indorsee of negotiable paper, taken
before maturity as collateral security for an
antecedent debt, in good faith, and without
notice of defenses, such as fraud, which might
have been available as between the original
parties, holds the same free from such defenses.
3. Evidence held sufficient to show that the
note in suit was thus taken in good faith, and
without notice of the fraud alleged in defense.
Rosemond v. Graham, Supreme Court of
Minnesota, July 26, 1893.
NEGOTIABLE PAPER—ALTERATION—FORGERY.
According to the decision 01 the United
States Circuit Court of Appeals, in the case of
The Exchange National Bank of Spokane vs.
The Bank of Little Rock, Ark., the rule of
caveat emptor applies to the purchaser of nego-
tiable paper to such an extent that he must bear
the loss resulting from a fraudulent and un-
authorized alteration in the terms or amount of
a draft made by a third person after its issuance
and before its purchase, even where the drawer
or maker writes it so carelessly that the forgery
may be committed without exciting any sus-
picion thereof.
CONTRACT—CERTAINTY.
1. An agreement to enter into a contract in
the future, in order to be enforceable, must ex-
press all the material and essential terms of
A N • ILLUSTRATED %ROCU UR E
fiEGANT?f?ICE-L[5T5 -MENU-CARDS- etc.,efc
FINE -WOOD 'ENGRAVING • OF-PIANO-;
MUSIC TITLES -BRASS -DIES • FOR ^ a,
PEW- DRAWINGS • BUILDIHGS- LANDSCAPES • PORTRAITS
PHOTO-ENGRAVING HALFTONES £ C
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