Music Trade Review
Issue: 1894 Vol. 18 N. 28 - Page 8
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i8
THE MUSIC TRADE REVIEW.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
4. It is no ground for the reversal of a judg-
ment that it was not entered until 10 days after
an order was made, denying a motion for a new
trial.
Voorhies v. Hennessy, Constable et al., Su-
preme Court of Washington, Nov. 9, 1893.
LIMITATIONS —ADMINISTRATOR'S BOND -RUN-
NING OF THE STATUTE.
Prescott Piano Co.
RECENT LEGAL
DECISIONS.
"THE HIGHEST TYPE."
An administrator presented his final report to
the county court in 1879, but no notice of final
settlement was then given to the heirs, and, no
order of court appearing, the report was entered
of record. In 1890 the administrator was cited
to file his final account, and in 1891 an order
was entered ordering distribution of a larger
sum than that named in the report of 1879. Rev.
St. 1891, c. 3, \ 114 declares that if any adminis-
trator fail to pay over any money in pursuance
of an order of court within 30 days after demand,
suit upon his bond may be begun forthwith.
Held, that the statute of limitations did not be-
gin to run against a suit on said administrator's
bond till 30 days after entry of the order of 1891.
Frauk et al. v. People, to Use of Hoecker et
al., Supreme Court of Illinois, October 27th,
1893.
STUCK
MONEY BORROWED BY RECEIVERS—LIEN ON
ASSETS—PRIORITIES—CONSTRUCTION OF
ORDER.
UlRA
1. A receiver obtained an order to make claims
held by certain persons '' preferred claims upon
said claimants releasing mortgages to secure
same, and are made preferred claims next to
those who may loan receiver money to carry on
the business," and further authorizing him to
borrow " $10,000 for that purpose, said sum to be
a prior claim upon the articles manufactured,''
and the proceeds thereof. Held, that on the re-
lease of the mortgages the claims of the mort-
gagees became a lien on the assets next in prior-
ity to that of those who might thereafter lend
the receiver money to carry on the business un-
der orders of court, and that the priority of lien
for money thus loaned over the mortgagee's
claims was not confined to the $10,000 which
this first order authorized the receiver to borrow.
2. Such order was not so ambiguous as to
justify the admission of previous or contempor-
aneous oral negotiations, stipulations and un-
derstandings of the parties interested to explain
it.
Blythe et al. v. Gibbons, Supreme Court of
Indiana, November 28th, 1893.
HANDS
MANUFACTURED BY
171 AND 173 SO. CANAL STREET,
CHICAGO.
THE
Sterling Company,
REPLEVIN—EVIDENCE— INSTRUCTIONS —JUDG-
MENT—TIME ON ENTRY—MORTGAGEE'S
INTERESTS—LIABILITY TO ATTACH-
MENT.
1. In an action of claim and delivery against
a constable who had levied an execution on
property, evidence is admissible to show that it
appeared that an absolute bill of sale given by
plaintiff to the execution debtor was actually a
mortgage given to secure a debt, and it is im-
material that the officer did not know the true
relation of such execution debtor to the property.
2. Possession by a chattel mortgagee after the
maturity of his debt does not vest in him a legal
title which is subject to attachment.
3. In such case, it was error to charge that if
the jury found, " by a fair preponderance of the
evidence," that the bill of sale was intended
only as security, the verdict should be for plain-
tiff, since such fact should be shown by clear,
positive and convincing evidence.
MANUFACTURERS OF
Pianos and Organs,
FACTORY:
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 oi
all others. IST Send for Catalogue.
Hallet & Davis Pianos
the annual meeting of this corporation
§ T held
January 23d, it was voted to in-
crease the number of directors from five to
seven, and the following board was elected:
George D. B. Prescott, W. D. Thompson, J. E.
Fernald, Charles Fairbanks, F. P. Andrews,
Charles C. Danforth and William M. Mason.
The directors' report for 1893 showed satis-
factory results. Notwithstanding the universal
depression of all kinds of business, both the
amount of business done and the net gain com-
pare favorably with the previous year. Reso-
lutions of respect and sympathy in memory of
the late president, Henry J. Crippen, were
passed and voted to be placed on record.
At a subsequent meeting of the directors,
W. D. Thompson was chosen president, Geo. D.
B. Prescott, treasurer and general superintend-
ent, Charles Fairbanks, secretary and assistant
superintendent, J. E. Fernald, auditor, and
Frank P. Andrews, clerk of board of directors of
the corporation.
Plans are being developed for a decided in-
crease in the business the present year ; in fact
the sales already made since January 1st are in
excess of any month of January in the past.
The marked improvements now being shown in
the Prescott pianos are attracting the attention
of our best musicians and winning many com-
pliments, and as the result a rapid increase in
local trade is being felt.
Ought to Be In Every Home.
® H E KEYNOTE for January has arrived at
~€J our desk, and it is so full of everything
musical that we dare not begin to make a sum-
mary of its contents. It is certainly a maga-
zine that ought to be in every home. If your
young people, are not interested in music they
soon would be if The Keynote were to visit their
home very often. One dollar and fifty cents is
cheap for a year's subscription to such a publi-
cation. Send 15 cents to Edward Lyman Bill,
3 East 14th street, New York, and get a copy of
this number.— Weekly Times, Seville, Ohio.
ORIGIN OF THE "CROWN"
PIANOS AND ORGANS.
From the choir above, on his noiseless way,
A herald was sent to the earth one day,
To touch some soul with the wondrous thrill
That gives to the hand a master's skill.
Men call it genius—the angels know,
The heavenly chords have been touched below ;
But a sacred trust with the skill was brought—
Of the best alone must each part be wrought.
The cunning workman is George P. Bent,
Piano or Organ, each instrument,
Without and within is a perfect whole,
And true as truth—like a pure white soul ;
Material, workmanship, style and tone
Are faultless quite in this regal " Crown."
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.
i8
THE MUSIC TRADE REVIEW.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
4. It is no ground for the reversal of a judg-
ment that it was not entered until 10 days after
an order was made, denying a motion for a new
trial.
Voorhies v. Hennessy, Constable et al., Su-
preme Court of Washington, Nov. 9, 1893.
LIMITATIONS —ADMINISTRATOR'S BOND -RUN-
NING OF THE STATUTE.
Prescott Piano Co.
RECENT LEGAL
DECISIONS.
"THE HIGHEST TYPE."
An administrator presented his final report to
the county court in 1879, but no notice of final
settlement was then given to the heirs, and, no
order of court appearing, the report was entered
of record. In 1890 the administrator was cited
to file his final account, and in 1891 an order
was entered ordering distribution of a larger
sum than that named in the report of 1879. Rev.
St. 1891, c. 3, \ 114 declares that if any adminis-
trator fail to pay over any money in pursuance
of an order of court within 30 days after demand,
suit upon his bond may be begun forthwith.
Held, that the statute of limitations did not be-
gin to run against a suit on said administrator's
bond till 30 days after entry of the order of 1891.
Frauk et al. v. People, to Use of Hoecker et
al., Supreme Court of Illinois, October 27th,
1893.
STUCK
MONEY BORROWED BY RECEIVERS—LIEN ON
ASSETS—PRIORITIES—CONSTRUCTION OF
ORDER.
UlRA
1. A receiver obtained an order to make claims
held by certain persons '' preferred claims upon
said claimants releasing mortgages to secure
same, and are made preferred claims next to
those who may loan receiver money to carry on
the business," and further authorizing him to
borrow " $10,000 for that purpose, said sum to be
a prior claim upon the articles manufactured,''
and the proceeds thereof. Held, that on the re-
lease of the mortgages the claims of the mort-
gagees became a lien on the assets next in prior-
ity to that of those who might thereafter lend
the receiver money to carry on the business un-
der orders of court, and that the priority of lien
for money thus loaned over the mortgagee's
claims was not confined to the $10,000 which
this first order authorized the receiver to borrow.
2. Such order was not so ambiguous as to
justify the admission of previous or contempor-
aneous oral negotiations, stipulations and un-
derstandings of the parties interested to explain
it.
Blythe et al. v. Gibbons, Supreme Court of
Indiana, November 28th, 1893.
HANDS
MANUFACTURED BY
171 AND 173 SO. CANAL STREET,
CHICAGO.
THE
Sterling Company,
REPLEVIN—EVIDENCE— INSTRUCTIONS —JUDG-
MENT—TIME ON ENTRY—MORTGAGEE'S
INTERESTS—LIABILITY TO ATTACH-
MENT.
1. In an action of claim and delivery against
a constable who had levied an execution on
property, evidence is admissible to show that it
appeared that an absolute bill of sale given by
plaintiff to the execution debtor was actually a
mortgage given to secure a debt, and it is im-
material that the officer did not know the true
relation of such execution debtor to the property.
2. Possession by a chattel mortgagee after the
maturity of his debt does not vest in him a legal
title which is subject to attachment.
3. In such case, it was error to charge that if
the jury found, " by a fair preponderance of the
evidence," that the bill of sale was intended
only as security, the verdict should be for plain-
tiff, since such fact should be shown by clear,
positive and convincing evidence.
MANUFACTURERS OF
Pianos and Organs,
FACTORY:
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 oi
all others. IST Send for Catalogue.
Hallet & Davis Pianos
the annual meeting of this corporation
§ T held
January 23d, it was voted to in-
crease the number of directors from five to
seven, and the following board was elected:
George D. B. Prescott, W. D. Thompson, J. E.
Fernald, Charles Fairbanks, F. P. Andrews,
Charles C. Danforth and William M. Mason.
The directors' report for 1893 showed satis-
factory results. Notwithstanding the universal
depression of all kinds of business, both the
amount of business done and the net gain com-
pare favorably with the previous year. Reso-
lutions of respect and sympathy in memory of
the late president, Henry J. Crippen, were
passed and voted to be placed on record.
At a subsequent meeting of the directors,
W. D. Thompson was chosen president, Geo. D.
B. Prescott, treasurer and general superintend-
ent, Charles Fairbanks, secretary and assistant
superintendent, J. E. Fernald, auditor, and
Frank P. Andrews, clerk of board of directors of
the corporation.
Plans are being developed for a decided in-
crease in the business the present year ; in fact
the sales already made since January 1st are in
excess of any month of January in the past.
The marked improvements now being shown in
the Prescott pianos are attracting the attention
of our best musicians and winning many com-
pliments, and as the result a rapid increase in
local trade is being felt.
Ought to Be In Every Home.
® H E KEYNOTE for January has arrived at
~€J our desk, and it is so full of everything
musical that we dare not begin to make a sum-
mary of its contents. It is certainly a maga-
zine that ought to be in every home. If your
young people, are not interested in music they
soon would be if The Keynote were to visit their
home very often. One dollar and fifty cents is
cheap for a year's subscription to such a publi-
cation. Send 15 cents to Edward Lyman Bill,
3 East 14th street, New York, and get a copy of
this number.— Weekly Times, Seville, Ohio.
ORIGIN OF THE "CROWN"
PIANOS AND ORGANS.
From the choir above, on his noiseless way,
A herald was sent to the earth one day,
To touch some soul with the wondrous thrill
That gives to the hand a master's skill.
Men call it genius—the angels know,
The heavenly chords have been touched below ;
But a sacred trust with the skill was brought—
Of the best alone must each part be wrought.
The cunning workman is George P. Bent,
Piano or Organ, each instrument,
Without and within is a perfect whole,
And true as truth—like a pure white soul ;
Material, workmanship, style and tone
Are faultless quite in this regal " Crown."
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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