Music Trade Review
Issue: 1894 Vol. 18 N. 32 - Page 1
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VOL. XVIII. No. 32.
published Every Saturday.
Suffocated by Gas.
SAD DEATH OF CHARLES J. WHITE.
<^ by the Estey Organ Company, East 14th
street, was suffocated by gas Wednesday morn-
ning in his room on the top floor of the com-
pany's building. His body was still warm when
found, and it lay beside a gas stove, the tube of
which had slipped from the burner. There is
no suspicion of suicide, as the key on the stove
was shut off, and it is belie vvd that Whit° dis-
covered the leakage too late to save himself, for
he had evidently made an effort to reach the jet.
Mr. White was 34 years old, and a widower.
His mother resides in Denver, Col. He was a
member of the Legion of Honor, in which he
held a $2,000 life insurance policy in favor of
his aged mother. The body was taken charge
of by a brother.
FARRAND & VOTEY.
\lpHE business of Farrand & Votey, the enii-
*e) nent organ builders of Detroit, Mich., has
been very satisfactory during the past year.
Aside from the advertising benefit which they
derived from the World's Fair, they have been
successful in placing their organs in many pro-
minent churches in the South and West. It will
be remembered that this firm purchased of Frank
Roosevelt the exclusive rights of all patents and
systems controlled by him.
The New York branch is located at the old
Roosevelt factory, 131st and i32d streets, corner
Park and Lexington avenues, this city. The
manager for the eastern department is Mr. John
W. Heins, who is amply qualified for his duties
having had a long experience with the Roose-
velt concern.
Braumuller's
Announcement.
To the Piano Trade.
take much pleasure in announcing that
we have effected a settlement with our
creditors which, under all the circumstances, is
entirely satisfactory to them.
Like many other concerns, we felt the disas-
trous effects of the financial depression of '93,
and this, coupled with very extensive stealings
on the part of our lately absconded bookkeeper,
caused a temporary suspension of our business.
The many inquiries we have received as to
the resumption of the Braumuller Co., we take
as evidence of the great popularity of the Brau-
muller piano, and we embrace this opportunity
of thanking the trade for its support in the
past, as also to express the hope that we may
+
Yor% fflarel? 3, 1894.
$3 00 PER YEAR.
SINGLE COPIES, 10 CENTS.
continue to merit its good-will and patronage in
the future.
As we have a large stock of pianos in course
of construction, we are therefore in a position to
fill orders at short notice for any style. We
solicit your favors, and beg to remain, respect-
fully yours,
BRAUMULLER Co.,
O. L. BRAUMULLER, President.
2. Where a decree sustaining a demurrer is
general it will not be reversed because some of
the grounds of demurrer are too general, since
the decree will be referred to the ground of
demurrer which is well assigned.
Baker v. Graves et. al., Supreme Court of
Alabama, May 19, 1893.
\
RECENT LEGAL
DECISIONS.
1. The act of February 21, 1873, providing for
the issuing of attachments against debtors on
the ground of fraud confers no authority for is-
suing attachments returnable to any court ex-
cept the superior court; and the local act ap-
plicable to the city court of Floyd county (Acts
188283, p. 534), does not vary the general law
on this subject.
2. The statutory rule (Code, $ 3309) that valid
general judgments may, after notice of the
pendency of the attachment, be rendered against
the defendant notwithstanding the attachment
be dismissed, does not apply when the court to
which the attachment was returnable has no
jurisdiction of that class of attachment ; and
the appearance of the defendant, and a traverse
filed by him of the ground on which the attach-
ment was issued, will not render valid a general
judgment against him in favor of the attaching
creditor, as against third persons, although
such appearance and filing of traverse might
operate to make the judgment good as against
the defendant himself, under section 3309 of the
Code, cases construing the same.
First Nat. Bank of Rome et al. v. Ragan et
al., Supreme Court of Georgia, July 26, 1893.
[PREPARED FOR THE M15SIC TRADE REVIEW.]
GARNISHMENT — SERVICE
OF
CIENCY.
WRIT — SUFFI-
Under Code 1892, $ 2134, providing that writs
of garnishment shall be served as a summons is
required by law to be executed, and section 3417,
providing that summons shall be executed five
days before the return day thereof, and shall
then require the appearance of the party at the
term next after that to which it is returnable, a
service of a writ of garnishment only two days
before the return day cannot support a judg-
ment against the garnishees at the return term.
Alexander vs. Lloyd et al., Supreme Court of
Mississippi, March, 1893.
APPEALS FROM INSOLVENCY COURT—PRO FORMA
DECREE—WHEN NOT APPEALABLE—
PRACTICE.
1. Appeals from the insolvency court must be
entered at the next term of the supreme judicial
court in the county, and consent of party does
not confer jurisdiction, if entered at any other
term.
2. On objections, in writing, to a claim filed
in the solvency court, the statute requires the
court to "admit the claim to be proved, " o r
" disallow the same, in whole or in part," from
which decision an appeal is given. Where the
insolvency court did neither, but simply dis-
missed the objecting creditors' petition "pro
forma, " held, that there is no decree below from
which an appeal could be taken, or that bars
new proceedings.
Millkien et al. v, Morey et al., Supreme Ju-
dicial Court of Maine, March 2, 1893.
FORECLOSURE OF
CHATTEL
MORTGAGE —
AMENDMENT TO BILL—NEW CAUSE OF
ACTION—DEMURRER.
1. Where the assignee of a chattel mortgage
brings an action to foreclose it, and to compel
parties in possession of part of the mortgage
property to account for same, he cannot amend
his bill by making his assignors parties, and
alleging that they procured him to accept the
assignment by fraudulent representations, and
praying that it be declared void, and that they
be required to refund to him the money paid
therefor, since such amendment is variant from
and repugnant to the bill,
ATTACHMENT—FRAUD—OBJECTIONS TO JURIS-
DICTION—APPEARANCE AS WAIVER.
THE McCammon Piano Co., Oneonta, N. Y.,
report an excellent Southern trade. In Texas
the McCammon piano is handled by some of the
most prominent dealers in the State, who thor-
oughly appreciate the merits of this popular and
reliable piano.
THE Farrand & Votey World's Fair organ is
about to be shipped to Ann Arbor, Mich.
A. W. BRYANT & Co., Indianapolis, have en-
gaged Mr. C. Reiger, who was manager of the
Wulschner & Sons house at Louisville, Ky., to
take charge of their piano department. They
represent the Smith & Nixon line.
MR. F. J. WOODBURY is making quite a record
for the Jewett Piano Co. on the road. The old
reliable Jewett piano is being pushed to the front
with renewed vigor. The handsome styles are
finding much favor with dealers.
MR. JAMES W. DONELAN, who has been asso-
ciated with the firm of F. Muehlfeld & Co.,
piano manufacturers of this city, has decided to
sever his connection with the Muehlfeld concern.
Mr. Donelan is a man of great breadth of char-
acter and experience. He has won by his gen-
tlemanly demeanor many friends in the trade
who will watch his future with interest.
VOL. XVIII. No. 32.
published Every Saturday.
Suffocated by Gas.
SAD DEATH OF CHARLES J. WHITE.
<^ by the Estey Organ Company, East 14th
street, was suffocated by gas Wednesday morn-
ning in his room on the top floor of the com-
pany's building. His body was still warm when
found, and it lay beside a gas stove, the tube of
which had slipped from the burner. There is
no suspicion of suicide, as the key on the stove
was shut off, and it is belie vvd that Whit° dis-
covered the leakage too late to save himself, for
he had evidently made an effort to reach the jet.
Mr. White was 34 years old, and a widower.
His mother resides in Denver, Col. He was a
member of the Legion of Honor, in which he
held a $2,000 life insurance policy in favor of
his aged mother. The body was taken charge
of by a brother.
FARRAND & VOTEY.
\lpHE business of Farrand & Votey, the enii-
*e) nent organ builders of Detroit, Mich., has
been very satisfactory during the past year.
Aside from the advertising benefit which they
derived from the World's Fair, they have been
successful in placing their organs in many pro-
minent churches in the South and West. It will
be remembered that this firm purchased of Frank
Roosevelt the exclusive rights of all patents and
systems controlled by him.
The New York branch is located at the old
Roosevelt factory, 131st and i32d streets, corner
Park and Lexington avenues, this city. The
manager for the eastern department is Mr. John
W. Heins, who is amply qualified for his duties
having had a long experience with the Roose-
velt concern.
Braumuller's
Announcement.
To the Piano Trade.
take much pleasure in announcing that
we have effected a settlement with our
creditors which, under all the circumstances, is
entirely satisfactory to them.
Like many other concerns, we felt the disas-
trous effects of the financial depression of '93,
and this, coupled with very extensive stealings
on the part of our lately absconded bookkeeper,
caused a temporary suspension of our business.
The many inquiries we have received as to
the resumption of the Braumuller Co., we take
as evidence of the great popularity of the Brau-
muller piano, and we embrace this opportunity
of thanking the trade for its support in the
past, as also to express the hope that we may
+
Yor% fflarel? 3, 1894.
$3 00 PER YEAR.
SINGLE COPIES, 10 CENTS.
continue to merit its good-will and patronage in
the future.
As we have a large stock of pianos in course
of construction, we are therefore in a position to
fill orders at short notice for any style. We
solicit your favors, and beg to remain, respect-
fully yours,
BRAUMULLER Co.,
O. L. BRAUMULLER, President.
2. Where a decree sustaining a demurrer is
general it will not be reversed because some of
the grounds of demurrer are too general, since
the decree will be referred to the ground of
demurrer which is well assigned.
Baker v. Graves et. al., Supreme Court of
Alabama, May 19, 1893.
\
RECENT LEGAL
DECISIONS.
1. The act of February 21, 1873, providing for
the issuing of attachments against debtors on
the ground of fraud confers no authority for is-
suing attachments returnable to any court ex-
cept the superior court; and the local act ap-
plicable to the city court of Floyd county (Acts
188283, p. 534), does not vary the general law
on this subject.
2. The statutory rule (Code, $ 3309) that valid
general judgments may, after notice of the
pendency of the attachment, be rendered against
the defendant notwithstanding the attachment
be dismissed, does not apply when the court to
which the attachment was returnable has no
jurisdiction of that class of attachment ; and
the appearance of the defendant, and a traverse
filed by him of the ground on which the attach-
ment was issued, will not render valid a general
judgment against him in favor of the attaching
creditor, as against third persons, although
such appearance and filing of traverse might
operate to make the judgment good as against
the defendant himself, under section 3309 of the
Code, cases construing the same.
First Nat. Bank of Rome et al. v. Ragan et
al., Supreme Court of Georgia, July 26, 1893.
[PREPARED FOR THE M15SIC TRADE REVIEW.]
GARNISHMENT — SERVICE
OF
CIENCY.
WRIT — SUFFI-
Under Code 1892, $ 2134, providing that writs
of garnishment shall be served as a summons is
required by law to be executed, and section 3417,
providing that summons shall be executed five
days before the return day thereof, and shall
then require the appearance of the party at the
term next after that to which it is returnable, a
service of a writ of garnishment only two days
before the return day cannot support a judg-
ment against the garnishees at the return term.
Alexander vs. Lloyd et al., Supreme Court of
Mississippi, March, 1893.
APPEALS FROM INSOLVENCY COURT—PRO FORMA
DECREE—WHEN NOT APPEALABLE—
PRACTICE.
1. Appeals from the insolvency court must be
entered at the next term of the supreme judicial
court in the county, and consent of party does
not confer jurisdiction, if entered at any other
term.
2. On objections, in writing, to a claim filed
in the solvency court, the statute requires the
court to "admit the claim to be proved, " o r
" disallow the same, in whole or in part," from
which decision an appeal is given. Where the
insolvency court did neither, but simply dis-
missed the objecting creditors' petition "pro
forma, " held, that there is no decree below from
which an appeal could be taken, or that bars
new proceedings.
Millkien et al. v, Morey et al., Supreme Ju-
dicial Court of Maine, March 2, 1893.
FORECLOSURE OF
CHATTEL
MORTGAGE —
AMENDMENT TO BILL—NEW CAUSE OF
ACTION—DEMURRER.
1. Where the assignee of a chattel mortgage
brings an action to foreclose it, and to compel
parties in possession of part of the mortgage
property to account for same, he cannot amend
his bill by making his assignors parties, and
alleging that they procured him to accept the
assignment by fraudulent representations, and
praying that it be declared void, and that they
be required to refund to him the money paid
therefor, since such amendment is variant from
and repugnant to the bill,
ATTACHMENT—FRAUD—OBJECTIONS TO JURIS-
DICTION—APPEARANCE AS WAIVER.
THE McCammon Piano Co., Oneonta, N. Y.,
report an excellent Southern trade. In Texas
the McCammon piano is handled by some of the
most prominent dealers in the State, who thor-
oughly appreciate the merits of this popular and
reliable piano.
THE Farrand & Votey World's Fair organ is
about to be shipped to Ann Arbor, Mich.
A. W. BRYANT & Co., Indianapolis, have en-
gaged Mr. C. Reiger, who was manager of the
Wulschner & Sons house at Louisville, Ky., to
take charge of their piano department. They
represent the Smith & Nixon line.
MR. F. J. WOODBURY is making quite a record
for the Jewett Piano Co. on the road. The old
reliable Jewett piano is being pushed to the front
with renewed vigor. The handsome styles are
finding much favor with dealers.
MR. JAMES W. DONELAN, who has been asso-
ciated with the firm of F. Muehlfeld & Co.,
piano manufacturers of this city, has decided to
sever his connection with the Muehlfeld concern.
Mr. Donelan is a man of great breadth of char-
acter and experience. He has won by his gen-
tlemanly demeanor many friends in the trade
who will watch his future with interest.
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