Music Trade Review
Issue: 1894 Vol. 18 N. 27 - Page 10
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THE MUSIC TRADE REVIEW.
R£CENT UGPil
;
J>£CISIONS.
"THE HIGHEST TYPE."
[PREPARED FOR THE MUSIC TRADE REVIEW.]
EQUITABLE ASSIGNMENT — ORDERS — ACCEPT-
ANCE—NECESSITY FOR WRITING.
1. Where a person in writing acknowledges
himself indebted to another, and binds himself
to pay the debt with the money from an inherit-
ance to be collected by an attorney, and deposits
the instrument with the attorney, with orders
to pay the debt from the money when collected,
this, though not a legal instrument is an equit-
able one.
2. Under Act May 10, 1881, (P. L. 17), pro-
viding that no person shall be charged as an ac-
ceptor of a bill of exchange, draft, or order, ex-
ceeding $20, unless his acceptance is in writing,
the objection to a parole acceptance can only
come from the acceptor.
Moeser v. Schneider, Supreme Court of Penn-
sylvania, Nov. 13, 1893.
COMPETENCY OF WITNESS—TRANSACTIONS WITH
DECEDENTS—ACTION ON NOTE—STATUTE
OF LIMITATIONS.
In an action upon a promissory note against
the maker by the payee's personal representa-
tive, in which action the statute of limitations
is sought to be avoided by the plaintiff on the
ground that at the time the note was made the
defendant resided in this state, and subsequent-
ly removed therefrom, the defendant is not an
incompetent witness, by reason of the death of
the payee, to prove in his own behalf where he
was domiciled at that time. His domicile or
place of residence was no part of any transaction
or communication with the deceased payee of
the note. Acts 1889, p. 85.
(Syllabus by the Court.)
Trimble v. Mims., Supreme Court of Georgia,
May 22. 1893.
STICK
HANDS
MR. ALBERT KRELL, of the Krell Piano Co.,
Cincinnati, is in New York after an extended
Southern trip.
WM,
MANUFACTURED B I
.
« P I A N O CO.
171 AND 173 SO, CANAL STREET,
CHICAGO.
THE
Sterling Company,
ASSIGNMENT FOR BENEFIT OF CREDITORS —
RIGHTS OF CREDITORS—PREFERENCES —
PROCEDURE.
Creditors of an assignor for benefit of credi-
tors, sued the trustees, and alleged facts entitling
them to preference as creditors of the tenth class
under the terms of assignment. The answer
first specifically denied the allegations of ihe
complaint, but in a subsequent clause admitted
them, (probably inadvertently.)
Creditors be-
longing to class 14 also sued such trustees to re-
strain them from paying plaintiffs in the first
action under class 10, and expressly denied that
the latter were within such class. The two ac-
tions were consolidated. Held, that the con-
test was really between the plaintiffs in the two
actions, and the facts entitling plaintiffs in the
first suit to payment under class 10 were not
established by admissions in the pleadings.
Lockhart et al. v. Ballard et al., National
Exch. Bank of Dallas et al. v. Same., Supreme
Court ot North Carolina, Nov. 21, 1893.
CORPORATIONS — CONTRACTS — AUTHORITY OF
OFFICERS—SERVICES—ACTIONS FOR.
1. A corporation is estopped to deny the
authority of its vice-president to enter into a
contract with its creditors under which they are
to elect a committee to supervise the corpora-
tion's business for five years, where the direc-
tors accept, and act on the contract, meet with
the committee, and carry on the business as
specified in the contract.
2. A corporation which makes a proposition
to its creditors for the selection by them of a
committee to supervise its business is liable to
the members of the committee for the services
rendered by them.
3. Where, pursuant to an arrangement with a
corporation, its creditors select a committee to
supervise the corporate business, the members
of the committee may maintain a joint action
against the corporation for the services rendered
by them, and they need not sue separately.
Dallas et al. v. Columbia Iron & Steel Co.,
Supreme Court of Pennsylvania, Nov. 13, 1893.
TONK & BROTHER, who represent G.
Chevrel, marquetry maker, of Paris, in this
country, are meeting with much success in this
special line. Inlaid panels are becoming a feat-
ure of high grade pianos, and Wm. Tonk &
Brother are in receipt of several important orders
from leading manufacturers.
THE Wagner Music Company, of Marlboro,
Mass., is financially embarrassed and many at-
tachments have been placed on their stock.—
Journal, Boston, Jan. 17.
WE regret to learn that Mr. Chas. Rein war th,
manufacturer of piano strings, is laid up with
an attack of the grip. We hope to see him
around in a short time.
J. H. WIDENER, for nine years with the
Benjamin Music House of Danville, 111., has en-
gaged with D. H. Baldwin & Co., of this city,
as their traveling salesman, in addition to W.
N. Tyson, who has been traveling for the firm
for several years. The increase of business
under the able management of George F.
Hughes, in spite of hard times, has grown to
such proportions that an increase in the force
was absolutely necessary. In addition to the
two salesmen they have sale agents located at
Ladoga, Russellville, Roachdale, Barnard and
Portland Mills, who make their reports direct to
this office.—Journal, Crawfordsville, Ind.
"CROWN" PIANOS,
There are pianos—and pianos,
As the true musician knows ;
Pianos he delights in,
And those that cause him woes.
MANUFACTURERS OF
Pianos and Organs,
DERBY, CONN.
It is admitted by all that no piano ever put upon the
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.
THE STERLING ORGAN has always taken the lead, and
the improvements made this year puts it far ahead ol
all others. I@F*Send for Catalogue.
& Davis Pianos
Pianos that go ting-a-ling,
And others bum, bum, bum ;
Some his very heart-strings wring,
While others strike him dumb.
'
Thus, oft he finds himself beside
A highly finished case,
But when his fingers touched the board
The light goes from his face.
An instrument of singing tone,
Responsive to his hand,
Is what the virtuoso seeks,
A " voice " he can command.
In quest of this, from town to town
He goes, nor stays, until
At last finds the peerless " Crown "
At Bent's, Chicago, 111.
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.
R£CENT UGPil
;
J>£CISIONS.
"THE HIGHEST TYPE."
[PREPARED FOR THE MUSIC TRADE REVIEW.]
EQUITABLE ASSIGNMENT — ORDERS — ACCEPT-
ANCE—NECESSITY FOR WRITING.
1. Where a person in writing acknowledges
himself indebted to another, and binds himself
to pay the debt with the money from an inherit-
ance to be collected by an attorney, and deposits
the instrument with the attorney, with orders
to pay the debt from the money when collected,
this, though not a legal instrument is an equit-
able one.
2. Under Act May 10, 1881, (P. L. 17), pro-
viding that no person shall be charged as an ac-
ceptor of a bill of exchange, draft, or order, ex-
ceeding $20, unless his acceptance is in writing,
the objection to a parole acceptance can only
come from the acceptor.
Moeser v. Schneider, Supreme Court of Penn-
sylvania, Nov. 13, 1893.
COMPETENCY OF WITNESS—TRANSACTIONS WITH
DECEDENTS—ACTION ON NOTE—STATUTE
OF LIMITATIONS.
In an action upon a promissory note against
the maker by the payee's personal representa-
tive, in which action the statute of limitations
is sought to be avoided by the plaintiff on the
ground that at the time the note was made the
defendant resided in this state, and subsequent-
ly removed therefrom, the defendant is not an
incompetent witness, by reason of the death of
the payee, to prove in his own behalf where he
was domiciled at that time. His domicile or
place of residence was no part of any transaction
or communication with the deceased payee of
the note. Acts 1889, p. 85.
(Syllabus by the Court.)
Trimble v. Mims., Supreme Court of Georgia,
May 22. 1893.
STICK
HANDS
MR. ALBERT KRELL, of the Krell Piano Co.,
Cincinnati, is in New York after an extended
Southern trip.
WM,
MANUFACTURED B I
.
« P I A N O CO.
171 AND 173 SO, CANAL STREET,
CHICAGO.
THE
Sterling Company,
ASSIGNMENT FOR BENEFIT OF CREDITORS —
RIGHTS OF CREDITORS—PREFERENCES —
PROCEDURE.
Creditors of an assignor for benefit of credi-
tors, sued the trustees, and alleged facts entitling
them to preference as creditors of the tenth class
under the terms of assignment. The answer
first specifically denied the allegations of ihe
complaint, but in a subsequent clause admitted
them, (probably inadvertently.)
Creditors be-
longing to class 14 also sued such trustees to re-
strain them from paying plaintiffs in the first
action under class 10, and expressly denied that
the latter were within such class. The two ac-
tions were consolidated. Held, that the con-
test was really between the plaintiffs in the two
actions, and the facts entitling plaintiffs in the
first suit to payment under class 10 were not
established by admissions in the pleadings.
Lockhart et al. v. Ballard et al., National
Exch. Bank of Dallas et al. v. Same., Supreme
Court ot North Carolina, Nov. 21, 1893.
CORPORATIONS — CONTRACTS — AUTHORITY OF
OFFICERS—SERVICES—ACTIONS FOR.
1. A corporation is estopped to deny the
authority of its vice-president to enter into a
contract with its creditors under which they are
to elect a committee to supervise the corpora-
tion's business for five years, where the direc-
tors accept, and act on the contract, meet with
the committee, and carry on the business as
specified in the contract.
2. A corporation which makes a proposition
to its creditors for the selection by them of a
committee to supervise its business is liable to
the members of the committee for the services
rendered by them.
3. Where, pursuant to an arrangement with a
corporation, its creditors select a committee to
supervise the corporate business, the members
of the committee may maintain a joint action
against the corporation for the services rendered
by them, and they need not sue separately.
Dallas et al. v. Columbia Iron & Steel Co.,
Supreme Court of Pennsylvania, Nov. 13, 1893.
TONK & BROTHER, who represent G.
Chevrel, marquetry maker, of Paris, in this
country, are meeting with much success in this
special line. Inlaid panels are becoming a feat-
ure of high grade pianos, and Wm. Tonk &
Brother are in receipt of several important orders
from leading manufacturers.
THE Wagner Music Company, of Marlboro,
Mass., is financially embarrassed and many at-
tachments have been placed on their stock.—
Journal, Boston, Jan. 17.
WE regret to learn that Mr. Chas. Rein war th,
manufacturer of piano strings, is laid up with
an attack of the grip. We hope to see him
around in a short time.
J. H. WIDENER, for nine years with the
Benjamin Music House of Danville, 111., has en-
gaged with D. H. Baldwin & Co., of this city,
as their traveling salesman, in addition to W.
N. Tyson, who has been traveling for the firm
for several years. The increase of business
under the able management of George F.
Hughes, in spite of hard times, has grown to
such proportions that an increase in the force
was absolutely necessary. In addition to the
two salesmen they have sale agents located at
Ladoga, Russellville, Roachdale, Barnard and
Portland Mills, who make their reports direct to
this office.—Journal, Crawfordsville, Ind.
"CROWN" PIANOS,
There are pianos—and pianos,
As the true musician knows ;
Pianos he delights in,
And those that cause him woes.
MANUFACTURERS OF
Pianos and Organs,
DERBY, CONN.
It is admitted by all that no piano ever put upon the
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.
THE STERLING ORGAN has always taken the lead, and
the improvements made this year puts it far ahead ol
all others. I@F*Send for Catalogue.
& Davis Pianos
Pianos that go ting-a-ling,
And others bum, bum, bum ;
Some his very heart-strings wring,
While others strike him dumb.
'
Thus, oft he finds himself beside
A highly finished case,
But when his fingers touched the board
The light goes from his face.
An instrument of singing tone,
Responsive to his hand,
Is what the virtuoso seeks,
A " voice " he can command.
In quest of this, from town to town
He goes, nor stays, until
At last finds the peerless " Crown "
At Bent's, Chicago, 111.
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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