Music Trade Review
Issue: 1894 Vol. 18 N. 30 - Page 5
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THE MUSIC TRADE REVIEW.
was most appropiate for the opening selection.
The soloists were Mile. Elandi, a dramatic
soprano who sang the Aria '' Forza del destino ''
by Verdi, and a Waltz by Luckstone. She was
enthusiastically received by the audience and
recalled. Miss Bertha Bucklin, the other solo-
ist, a young violinist with much talent and
ability, will certainly claim public recognition,
and with her grace and skill will prove a rival to
the charming Miss Van Stosch.
Mr. W. R. Chapman conducted with his usual
energy and enthusiasm, and Mr. Emile Levy
was the accompanist. The Apollos are to be
congratulated upon so successful a concert.
6. The mere fact that the return of a writ of
attachment is not made until the day after the
return day, does not release the lien of the at-
tachment.
7. Where the affidavits of publication in at-
tachment sets forth that the notice was pub-
lished six successive weeks,—the first on the
31st of August, and the last on the 5th of Octo-
ber,—and the affidavit and declaration are filed
on the 9th of November, the publication is suf-
ficient.
Horton v. Monroe, Supreme Court of Michi-
gan, Dec. 22, 1893.
RECENT LEGAL
DECISIONS.
1. Entries on the note of evidence, made in
the performance of his duty by a public officer,
in the performance of a duty, areprima facie evi-
dence of the facts stated.
2. A claim for taxes was decreed due, and or-
dered carried on the executor's account as a
debt of the succession. The evidence upon
which the district court rendered judgment, in
so far as relates to this claim, was not trans-
cribed in the record of appeal. In the incom-
plete state of the record, the opposition, in so
far as relates to this claim, is determined, and
the rights of opponents reserved.
3. Where the patient, being feeble, and in a
nervous and delirious state, required attention
entirely unusual, and the services were skill-
fully and faithfully rendered; where surgical
operations were performed, and extra time was
devoted by the physician in endeavoring to re-
lieve the patient from his sufferings, which were
intense—held, that the performance of the oper-
ations, and the time, in addition to the regular
visits, taken in attending to the patient, were
within the scope of the physician's authority,
if, in his judgment, it was necessary.
4. The testimony of honorable physicians sus-
tains the correctness of the judgment appealed
from in respect to this claim, and the court
agrees with the district court in the reduction
made, and that in all other respects the proof
fully sustains the charges made.
5. Services were rendered by another creditor,
who assisted in managing business in compli-
ance with the direction of the employer. These
services are clearly proven.
Succession of Short, No. 11,290, Supreme
Court of Louisiana, Dec. 18, 1893.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
The Rubinstein Club Concert.
E second concert of the Rubinstein Club
was given on Tuesday evening, January
30th, in the Concert Hall of the Madison Square
Garden. The usual fashionable audience was
present and filled every seat in the hall. The
soloi-ts were Dr. Carl E. Dufft, the favorite bari-
tone, and Mr. Henri Marteau, the popular
French violinist. Both were well received and
obliged to respond to encores after each num-
ber. Dr. Dufft sang a recitative and aria from
Spohr's "Faust," and three dainty songs by
Max Spicker. Mr. Marteau played Saint-Saen 's
'' Rondo Capricioso,'' Grieg's '' Au Printemp,''
and Wieniawski's second Polonaise. The Club
were in full attendance and sang exceptionally
well, showing a marked improvement over the
first concert of the season. The voices are
fresh and sweet and are admirably trained and
handled by the talented conductor, Mr. W. R.
Chapman, who organized the club seven or
eight years ago. The concerts of this club are
one of the features of the socially musical life
of the city, and are always looked upon as
musical treats Among the selections sung at
this concert were Rheinberger's " Goodnight,"
"Light at Eventide," set to the music of the
intermezzo from Cavelleria Rusticana, '' A
Song of May, " by Weil, " Visions, " by Tucker,
and some part-songs by Mendelssohn. Miss
Louise Cowles and Mrs. S. Baron Anderson
sang the solo parts in " Visions," and Mrs.
Mortimer D. Leonard sang the solo in a Swe-
dish folk song, with rhythmic accompaniment
by the chorus. Mr. Emile Levy was the ac-
companist.
Apollo Club Concert.
£1N spite of the severe storm of last Tuesday
evening the Concert Hall of the Madison
Square Garden was filled with the subscribers
and friends of the Apollo Club.
The second Concert of the season was a
decided success musically, as an excellent pro-
gram was rendered by the Club, several new
part-songs beiug sung for the first time in New
York. Among them Grieg's "Recognition of
Land, " a fine composition, which was most ef-
fectively sung ; also the " Dance of the Gnomes "
by MacDowell, a weird composition excellently
handled. In the absence of Mr. F. C. Hilliard,
confined to his home by illness, the dainty
serenade by Metzger was sung by Mr. Perry
Averill. Mr. George E. Devoll, anew tenor, sang
delightfully an Arabian Song by Godard with
humming accompaniment by the Club. '' Blow,
Blow, Thou Winter Wind," an effective setting
of Shakespeare's words by Horatio W. Parker,
CONDITIONAL
SALE—RIGHTS OF
STRUCTIONS.
BUYERS—IN-
1. Defendant bought a harvesting machine
called a " binder" upon the condition that if it
did not work to his satisfaction he might return
it. Held, that his right to reject was absolute,
and his reasons could not be investigated.
2. An erroneous instruction on a material
point is presumed to be to the prejudice of the
party appealing, against whom it is given, and
will cause reversal, unless it clearly appears
from the record that it was harmless.
D. M. Osborne & Co. v. Francis, Supreme
Court of Appeals of West Virginia, Nov. 25,
1893.
CONVEYANCE BY CORPORATION—SETTING ASIDE
BY NON-ASSENTING STOCKHOLDERS.
Where a paper manufacturing company, by
authority of the directors, and of all the stock-
holders but one, sells and conveys, in good faith
and for full value, its water privileges in an out-
let of a certain lake to a city which apparently
has the right to obtain title to such privileges
by condemnation proceedings, such conveyance
will not be set aside, at the instance of such non-
consenting stockholder, on the ground that the
board of directors had no power to execute it, or
authorize its execution.
Hall v. City of Syracuse et al., Supreme Court,
General Term, Fourth Department, September,
1893.
ATTACHMENT—AFFIDAVIT—RETURN — APPRAIS-
AL—SERVICE BY PUBLICATION.
1. Under a statute declaring that the affidavit
for attachment shall not be insufficient by reason
of the intervention of a day between the date of a
jurat and the issuing of the writ, the time does not
begin to run until the expiration of the day on
which the affidavit is executed, and the writ
may issue on the day after the intervening day.
2. Under How. Ann. St. § 8003, authorizing
service by publication if it appear by the officer's
return that the defendant cannot be found, a re-
turn that the officer is " unable to find the de-
fendant " is sufficient to authorize publication.
3. Where the appraisals of property seized
under a writ of attachment are referred to in and
attached to the sheriff's return of the writ, the
return must be considered in connection with
them in determining whether the appraisal was
properly made.
4. When the sheriff is commanded by the
writ of attachment to seize property of the de-
fendant, and he returns that by virtue of that
command he has seized the property described,
it will be presumed that the property belonged
to defendant.
5. It will be presumed that a levy of an at-
tachment was made in the county.
ADMINISTRATION—ALLOWANCE OF CLAIMS—EVI-
DENCE.
The Chapel Organ.
Sweet as the song of Lorelie,
Grand as the ocean's swell,
Round and full as the thunder's voice,
Soft as a fairy bell.
Strong and deep when its fullness rolls
The anthem loudly pealing,
Gentle and clear when some tender hymn
On the worshipping throng is stealing.
All things fade and vanish away,
. This life is but a portal ;
But the great Crown organs last till it seems
They surely must be immortal.
THE retail department of the Julius N. Brown
Co., Chicago, has been sold to the Colby Piano
Co., of Erie, Pa. Mr. D. D. Luxton will have
charge of the department. This is a move
which portends a progressive future for the
Colby piano in the West.
IT is believed that Mr. H. B. Stevens, who
assigned to the F. H. Gilson Co., with assets of
$16,000 and liabilities of $18,000, will probably
pay sixty-five cents on the dollar, or probably a
little better.
THE MUSIC TRADE REVIEW.
was most appropiate for the opening selection.
The soloists were Mile. Elandi, a dramatic
soprano who sang the Aria '' Forza del destino ''
by Verdi, and a Waltz by Luckstone. She was
enthusiastically received by the audience and
recalled. Miss Bertha Bucklin, the other solo-
ist, a young violinist with much talent and
ability, will certainly claim public recognition,
and with her grace and skill will prove a rival to
the charming Miss Van Stosch.
Mr. W. R. Chapman conducted with his usual
energy and enthusiasm, and Mr. Emile Levy
was the accompanist. The Apollos are to be
congratulated upon so successful a concert.
6. The mere fact that the return of a writ of
attachment is not made until the day after the
return day, does not release the lien of the at-
tachment.
7. Where the affidavits of publication in at-
tachment sets forth that the notice was pub-
lished six successive weeks,—the first on the
31st of August, and the last on the 5th of Octo-
ber,—and the affidavit and declaration are filed
on the 9th of November, the publication is suf-
ficient.
Horton v. Monroe, Supreme Court of Michi-
gan, Dec. 22, 1893.
RECENT LEGAL
DECISIONS.
1. Entries on the note of evidence, made in
the performance of his duty by a public officer,
in the performance of a duty, areprima facie evi-
dence of the facts stated.
2. A claim for taxes was decreed due, and or-
dered carried on the executor's account as a
debt of the succession. The evidence upon
which the district court rendered judgment, in
so far as relates to this claim, was not trans-
cribed in the record of appeal. In the incom-
plete state of the record, the opposition, in so
far as relates to this claim, is determined, and
the rights of opponents reserved.
3. Where the patient, being feeble, and in a
nervous and delirious state, required attention
entirely unusual, and the services were skill-
fully and faithfully rendered; where surgical
operations were performed, and extra time was
devoted by the physician in endeavoring to re-
lieve the patient from his sufferings, which were
intense—held, that the performance of the oper-
ations, and the time, in addition to the regular
visits, taken in attending to the patient, were
within the scope of the physician's authority,
if, in his judgment, it was necessary.
4. The testimony of honorable physicians sus-
tains the correctness of the judgment appealed
from in respect to this claim, and the court
agrees with the district court in the reduction
made, and that in all other respects the proof
fully sustains the charges made.
5. Services were rendered by another creditor,
who assisted in managing business in compli-
ance with the direction of the employer. These
services are clearly proven.
Succession of Short, No. 11,290, Supreme
Court of Louisiana, Dec. 18, 1893.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
The Rubinstein Club Concert.
E second concert of the Rubinstein Club
was given on Tuesday evening, January
30th, in the Concert Hall of the Madison Square
Garden. The usual fashionable audience was
present and filled every seat in the hall. The
soloi-ts were Dr. Carl E. Dufft, the favorite bari-
tone, and Mr. Henri Marteau, the popular
French violinist. Both were well received and
obliged to respond to encores after each num-
ber. Dr. Dufft sang a recitative and aria from
Spohr's "Faust," and three dainty songs by
Max Spicker. Mr. Marteau played Saint-Saen 's
'' Rondo Capricioso,'' Grieg's '' Au Printemp,''
and Wieniawski's second Polonaise. The Club
were in full attendance and sang exceptionally
well, showing a marked improvement over the
first concert of the season. The voices are
fresh and sweet and are admirably trained and
handled by the talented conductor, Mr. W. R.
Chapman, who organized the club seven or
eight years ago. The concerts of this club are
one of the features of the socially musical life
of the city, and are always looked upon as
musical treats Among the selections sung at
this concert were Rheinberger's " Goodnight,"
"Light at Eventide," set to the music of the
intermezzo from Cavelleria Rusticana, '' A
Song of May, " by Weil, " Visions, " by Tucker,
and some part-songs by Mendelssohn. Miss
Louise Cowles and Mrs. S. Baron Anderson
sang the solo parts in " Visions," and Mrs.
Mortimer D. Leonard sang the solo in a Swe-
dish folk song, with rhythmic accompaniment
by the chorus. Mr. Emile Levy was the ac-
companist.
Apollo Club Concert.
£1N spite of the severe storm of last Tuesday
evening the Concert Hall of the Madison
Square Garden was filled with the subscribers
and friends of the Apollo Club.
The second Concert of the season was a
decided success musically, as an excellent pro-
gram was rendered by the Club, several new
part-songs beiug sung for the first time in New
York. Among them Grieg's "Recognition of
Land, " a fine composition, which was most ef-
fectively sung ; also the " Dance of the Gnomes "
by MacDowell, a weird composition excellently
handled. In the absence of Mr. F. C. Hilliard,
confined to his home by illness, the dainty
serenade by Metzger was sung by Mr. Perry
Averill. Mr. George E. Devoll, anew tenor, sang
delightfully an Arabian Song by Godard with
humming accompaniment by the Club. '' Blow,
Blow, Thou Winter Wind," an effective setting
of Shakespeare's words by Horatio W. Parker,
CONDITIONAL
SALE—RIGHTS OF
STRUCTIONS.
BUYERS—IN-
1. Defendant bought a harvesting machine
called a " binder" upon the condition that if it
did not work to his satisfaction he might return
it. Held, that his right to reject was absolute,
and his reasons could not be investigated.
2. An erroneous instruction on a material
point is presumed to be to the prejudice of the
party appealing, against whom it is given, and
will cause reversal, unless it clearly appears
from the record that it was harmless.
D. M. Osborne & Co. v. Francis, Supreme
Court of Appeals of West Virginia, Nov. 25,
1893.
CONVEYANCE BY CORPORATION—SETTING ASIDE
BY NON-ASSENTING STOCKHOLDERS.
Where a paper manufacturing company, by
authority of the directors, and of all the stock-
holders but one, sells and conveys, in good faith
and for full value, its water privileges in an out-
let of a certain lake to a city which apparently
has the right to obtain title to such privileges
by condemnation proceedings, such conveyance
will not be set aside, at the instance of such non-
consenting stockholder, on the ground that the
board of directors had no power to execute it, or
authorize its execution.
Hall v. City of Syracuse et al., Supreme Court,
General Term, Fourth Department, September,
1893.
ATTACHMENT—AFFIDAVIT—RETURN — APPRAIS-
AL—SERVICE BY PUBLICATION.
1. Under a statute declaring that the affidavit
for attachment shall not be insufficient by reason
of the intervention of a day between the date of a
jurat and the issuing of the writ, the time does not
begin to run until the expiration of the day on
which the affidavit is executed, and the writ
may issue on the day after the intervening day.
2. Under How. Ann. St. § 8003, authorizing
service by publication if it appear by the officer's
return that the defendant cannot be found, a re-
turn that the officer is " unable to find the de-
fendant " is sufficient to authorize publication.
3. Where the appraisals of property seized
under a writ of attachment are referred to in and
attached to the sheriff's return of the writ, the
return must be considered in connection with
them in determining whether the appraisal was
properly made.
4. When the sheriff is commanded by the
writ of attachment to seize property of the de-
fendant, and he returns that by virtue of that
command he has seized the property described,
it will be presumed that the property belonged
to defendant.
5. It will be presumed that a levy of an at-
tachment was made in the county.
ADMINISTRATION—ALLOWANCE OF CLAIMS—EVI-
DENCE.
The Chapel Organ.
Sweet as the song of Lorelie,
Grand as the ocean's swell,
Round and full as the thunder's voice,
Soft as a fairy bell.
Strong and deep when its fullness rolls
The anthem loudly pealing,
Gentle and clear when some tender hymn
On the worshipping throng is stealing.
All things fade and vanish away,
. This life is but a portal ;
But the great Crown organs last till it seems
They surely must be immortal.
THE retail department of the Julius N. Brown
Co., Chicago, has been sold to the Colby Piano
Co., of Erie, Pa. Mr. D. D. Luxton will have
charge of the department. This is a move
which portends a progressive future for the
Colby piano in the West.
IT is believed that Mr. H. B. Stevens, who
assigned to the F. H. Gilson Co., with assets of
$16,000 and liabilities of $18,000, will probably
pay sixty-five cents on the dollar, or probably a
little better.
Future scanning projects are planned by the International Arcade Museum Library (IAML).