Music Trade Review
Issue: 1894 Vol. 18 N. 33 - Page 8
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
I 2
RECENT LEGAL
DECISIONS.
[PRBPARED FOR THE MLSlC TRADE REVIEW.]
CONFESSION OF JUDGMENT—SETTING ASIDE.
The confession of a judgment for an honest
debt by a defendant in favor of his co defendants,
by which means they obtained a preference over
plaintiff, will not be set aside merely because
the confession was made after defendant had for
that specific purpose obtained from plaintiff an
extension of the time to answer, where there is
no agreement, express or implied, that, pending
the extended time, the existing status should
not be changed by any act of defendant.
2. EQUITABLE ASSIGNMENT.
A verbal promise by a contractor that he
would pay for material furnished him when in
funds from his contract does not amount to an
equitable assignment of the funds, and does not
entitle the material-man to a lien thereon as
against other creditors of the contractor.
Wood v. Mitchell et al., Supreme Court, Spe-
cial Term, New York County, November, 1890.
CORPORATION—LIABILITY OF DIRECTORS—AN-
NUAL STATEMENT—DEATH OF DIRECTOR
—SUING EXECUTOR.
1. Act April 14th, 1868, makes the directors
of an association incorporated thereunder liable
for its debts if they fail to make an annual state-
ment of the amount and character of its property
and of its debts, or if they make a false state-
ment. Held, that where they failed to file a
statement for three months after their election,
though none had been made for over a year pre-
vious, and their statement showed it solvent,
though it was far from it, they would be liable,
both by reason of the delay and false statement,
though they were honest in their belief.
2. The directors being jointly liable, the ex-
ecutor of one dying before suit could not be
sued with the survivors, and, dying after suit
commenced against all, his executor need not be
joined.
Githers et al. v. Clarke et al., Supreme Court
of Pennsylvania, December 30th, 1893.
ASSIGNMENT FOR BENEFIT OF CREDITORS—
SCHEDULES—OMISSIONS—SETTING ASIDE AS-
SIGNMENT—INJUNCTION—RECEIVER.
1. Omissions from and inaccuracies in the
schedule of assets and schedule of creditors
which the law requires to be attached to a volun-
tary assignment by an insolvent debtor may or
may not be sufficient to invalidate the assign-
ment. It is impracticable to lay down any rule
as to what may be safely omitted from such
schedules. In each particular case the question
should be determined with reference to the num-
ber, materiality, and importance of the omis-
sions, and whether they were made by oversight
and inadvertance, or deliberately, and with in-
tention to defraud. In applications for injunc-
tion and receiver, the determination of this
question is addressed to the sound discretion of
the presiding judge. Intention to defraud in
any material matter whatever will always vitiate
the assignment.
2. In the present case there was no abuse of
discrctiou in granting the injunction against
the assignee as such, or in appointing the
same person receiver to take charge of and hold
the assets until the final hearing.
(a) At the final hearing, the jury, under pro-
per instructions from the court, and in view of
all the surrounding facts and circumstances,
should decide whether or not the assignment
should be set aside.
Wood et al. v. Haynes et al., Supreme Court
of Georgia, June 26th, 1893.
SALE—REVOCATION OF ORDER—PRINCIPAL AND
AGENT.
3. An order for goods to a manufacturer, given
to his agent, to be forwarded to him, until it is
1. Defendants ordered goods from plaintiff accepted and notice of acceptance given the
through its agent, having reference to its cata- maker, does not constitute a contract of sale, or
logue, stating that it kept the goods in stock. for the manufacture of the goods, so as to pre-
The agent testified that the goods were to be vent the maker from revoking it.
manufactured, but defendants claimed that they
4. In such case a letter from the manufacturer
thought they were already manufactured, and to his agent, acknowledging receipt of the order,
dealt solely with reference to a contract of sale, does not constitute an acceptance, where no
and that no mention was made of necessity for notice thereof is given the maker of the order
manufacture. Held, that there was no contract before he revokes it.
for manufacture of the goods, so as to prevent
Harvey v. Duffey et al., No. 15.155, Supreme
defendants from countermanding the order before Court of California, August 30th, 1893.
shipment.
2. Plaintiff's agent took defendants' order for
F. W. BECKER, the talented young piano sales-
goods, and afterwards testified that the goods
were to be manufactured by plaintiff, defendants man, who for many years was connected with
claiming that they contracted solely with refer- the piano house of Peek & Son, has just ac-
ence to a sale of goods already manufactured. cepted an offer from the house of B. Shoninger
The agent had on hand manufactured goods of Co., where he will act as salesman. Mr. Becker
plaintiff, and the only authority on his part of is known to the trade as a very energetic and
which defendants had notice was a telegram to successful salesman.
him from plaintiff speaking of defendants' pro-
spective order " if taken from consigned stock," A Singular Scene at a Concert
and a letter from plaintiff to defendants instruct-
in Brooklyn Tabernacle.
ing them to order from the agent. Held, that
the agent was not authorized to sell goods to be
manufactured.
<|lGNOR GIUSEPPE VITALE, the violin
^
virtuoso, is mourning to-day. In Tal-
mage's Tabernacle last Sunday he faced an
audience that crowded the edifice. The signor
was in happy accord with his several numbers
and in rendering a composition of his own, en-
titled "Army Life," had added flame to the
is an expressive word. Many
patriotic
spirit that had been aroused by several
firms know its meaning. In
preceding artists. He was heartily encored and,
our factory we make and ship
returning to the platform, bowed his acknow-
pianos every day—almost.
ledgments with all the grace of an Italian mar-
That's what we like. Still,
quise. The signor is tall, with fine figure and a
crop of raven black hair that rivals Paderewski's
it doesn't surprise us, for we
in abundance, but excels in point of artistic ar-
have the best low-priced pianos
rangement. His violin was out of tune, for
in the field. Consult for prices.
when he began to play the discord was the
most prominent feature of his work. To remedy
this he approached the piano, struck the note
C and began tuning up. The more he tuned
517—523 W. 45th St.
the worse the effect. Finally, losing patience,
New York.
he threw the violin to the floor and, stamping it
with his foot, retired in high dudgeon. The
audience accepted this as a clever piece of acting
and applauded loud and long, but no Vitalo re-
K
appeared. He was pacing the dressing room
'
OF THE
like the foiled villian in a melodrama, invok-
ing the vengeance of the gods on his luck, and
bewailing the loss of a valuable instrument, the
remains of which were gathered up by the
property man.
Interregnum
A POINTS OP SUPERIORITY
Celebrated
"Conover"
Pianos.
AND SWEETNESS of TONE.
^ S C I E N T I F I C CONSTRUCTION.
(THE ONLY STRICTLY
^"DURABILITY.
HIGH GRADE PIANO
MANUFACTURED
IN CHICAGO.)
CHICAGO COTTAGE ORGAN COMPANY,
SOLE FACTORS,
(The Largest Dealers in Pianos and Organs io the World.)
WHOLESALE AND RETAIL WAREROOMS,
(SECOND FLOOR.)
2I5 WABASH AVE.,
CHICAGO.
Found an Old Cremona Violin.
t
OSTMASTER LEIBKE, of Hicksville, L. I.,
a few days ago gave Emil Koenig an old
violin that had hung in the garret for the past
fifty years, not thinking that it was valuable.
Mr. Koenig took the instrument to New York
to have it repaired, and now it is reported that
the instrument has been found to be a genuine
Cremona violin, made by Fletchner, in 1740,
one year before he died. Mr. Leibke can trace
the violin back to the maker, as only three per-
sons owned it before it came into his possession.
Koenig is said to have refused an offer of $1,000
for the instrument. It has a fine tone and is
very light.
THROUGH the energetic efforts of William F.
Tway, the Clough & Warren Organ is kept well
to the front in New York and vicinity. In small
churches, Sunday schools and lodges it is a
great favorite, and a very high reputation and
popularity have been established.
THE MUSIC TRADE REVIEW.
I 2
RECENT LEGAL
DECISIONS.
[PRBPARED FOR THE MLSlC TRADE REVIEW.]
CONFESSION OF JUDGMENT—SETTING ASIDE.
The confession of a judgment for an honest
debt by a defendant in favor of his co defendants,
by which means they obtained a preference over
plaintiff, will not be set aside merely because
the confession was made after defendant had for
that specific purpose obtained from plaintiff an
extension of the time to answer, where there is
no agreement, express or implied, that, pending
the extended time, the existing status should
not be changed by any act of defendant.
2. EQUITABLE ASSIGNMENT.
A verbal promise by a contractor that he
would pay for material furnished him when in
funds from his contract does not amount to an
equitable assignment of the funds, and does not
entitle the material-man to a lien thereon as
against other creditors of the contractor.
Wood v. Mitchell et al., Supreme Court, Spe-
cial Term, New York County, November, 1890.
CORPORATION—LIABILITY OF DIRECTORS—AN-
NUAL STATEMENT—DEATH OF DIRECTOR
—SUING EXECUTOR.
1. Act April 14th, 1868, makes the directors
of an association incorporated thereunder liable
for its debts if they fail to make an annual state-
ment of the amount and character of its property
and of its debts, or if they make a false state-
ment. Held, that where they failed to file a
statement for three months after their election,
though none had been made for over a year pre-
vious, and their statement showed it solvent,
though it was far from it, they would be liable,
both by reason of the delay and false statement,
though they were honest in their belief.
2. The directors being jointly liable, the ex-
ecutor of one dying before suit could not be
sued with the survivors, and, dying after suit
commenced against all, his executor need not be
joined.
Githers et al. v. Clarke et al., Supreme Court
of Pennsylvania, December 30th, 1893.
ASSIGNMENT FOR BENEFIT OF CREDITORS—
SCHEDULES—OMISSIONS—SETTING ASIDE AS-
SIGNMENT—INJUNCTION—RECEIVER.
1. Omissions from and inaccuracies in the
schedule of assets and schedule of creditors
which the law requires to be attached to a volun-
tary assignment by an insolvent debtor may or
may not be sufficient to invalidate the assign-
ment. It is impracticable to lay down any rule
as to what may be safely omitted from such
schedules. In each particular case the question
should be determined with reference to the num-
ber, materiality, and importance of the omis-
sions, and whether they were made by oversight
and inadvertance, or deliberately, and with in-
tention to defraud. In applications for injunc-
tion and receiver, the determination of this
question is addressed to the sound discretion of
the presiding judge. Intention to defraud in
any material matter whatever will always vitiate
the assignment.
2. In the present case there was no abuse of
discrctiou in granting the injunction against
the assignee as such, or in appointing the
same person receiver to take charge of and hold
the assets until the final hearing.
(a) At the final hearing, the jury, under pro-
per instructions from the court, and in view of
all the surrounding facts and circumstances,
should decide whether or not the assignment
should be set aside.
Wood et al. v. Haynes et al., Supreme Court
of Georgia, June 26th, 1893.
SALE—REVOCATION OF ORDER—PRINCIPAL AND
AGENT.
3. An order for goods to a manufacturer, given
to his agent, to be forwarded to him, until it is
1. Defendants ordered goods from plaintiff accepted and notice of acceptance given the
through its agent, having reference to its cata- maker, does not constitute a contract of sale, or
logue, stating that it kept the goods in stock. for the manufacture of the goods, so as to pre-
The agent testified that the goods were to be vent the maker from revoking it.
manufactured, but defendants claimed that they
4. In such case a letter from the manufacturer
thought they were already manufactured, and to his agent, acknowledging receipt of the order,
dealt solely with reference to a contract of sale, does not constitute an acceptance, where no
and that no mention was made of necessity for notice thereof is given the maker of the order
manufacture. Held, that there was no contract before he revokes it.
for manufacture of the goods, so as to prevent
Harvey v. Duffey et al., No. 15.155, Supreme
defendants from countermanding the order before Court of California, August 30th, 1893.
shipment.
2. Plaintiff's agent took defendants' order for
F. W. BECKER, the talented young piano sales-
goods, and afterwards testified that the goods
were to be manufactured by plaintiff, defendants man, who for many years was connected with
claiming that they contracted solely with refer- the piano house of Peek & Son, has just ac-
ence to a sale of goods already manufactured. cepted an offer from the house of B. Shoninger
The agent had on hand manufactured goods of Co., where he will act as salesman. Mr. Becker
plaintiff, and the only authority on his part of is known to the trade as a very energetic and
which defendants had notice was a telegram to successful salesman.
him from plaintiff speaking of defendants' pro-
spective order " if taken from consigned stock," A Singular Scene at a Concert
and a letter from plaintiff to defendants instruct-
in Brooklyn Tabernacle.
ing them to order from the agent. Held, that
the agent was not authorized to sell goods to be
manufactured.
<|lGNOR GIUSEPPE VITALE, the violin
^
virtuoso, is mourning to-day. In Tal-
mage's Tabernacle last Sunday he faced an
audience that crowded the edifice. The signor
was in happy accord with his several numbers
and in rendering a composition of his own, en-
titled "Army Life," had added flame to the
is an expressive word. Many
patriotic
spirit that had been aroused by several
firms know its meaning. In
preceding artists. He was heartily encored and,
our factory we make and ship
returning to the platform, bowed his acknow-
pianos every day—almost.
ledgments with all the grace of an Italian mar-
That's what we like. Still,
quise. The signor is tall, with fine figure and a
crop of raven black hair that rivals Paderewski's
it doesn't surprise us, for we
in abundance, but excels in point of artistic ar-
have the best low-priced pianos
rangement. His violin was out of tune, for
in the field. Consult for prices.
when he began to play the discord was the
most prominent feature of his work. To remedy
this he approached the piano, struck the note
C and began tuning up. The more he tuned
517—523 W. 45th St.
the worse the effect. Finally, losing patience,
New York.
he threw the violin to the floor and, stamping it
with his foot, retired in high dudgeon. The
audience accepted this as a clever piece of acting
and applauded loud and long, but no Vitalo re-
K
appeared. He was pacing the dressing room
'
OF THE
like the foiled villian in a melodrama, invok-
ing the vengeance of the gods on his luck, and
bewailing the loss of a valuable instrument, the
remains of which were gathered up by the
property man.
Interregnum
A POINTS OP SUPERIORITY
Celebrated
"Conover"
Pianos.
AND SWEETNESS of TONE.
^ S C I E N T I F I C CONSTRUCTION.
(THE ONLY STRICTLY
^"DURABILITY.
HIGH GRADE PIANO
MANUFACTURED
IN CHICAGO.)
CHICAGO COTTAGE ORGAN COMPANY,
SOLE FACTORS,
(The Largest Dealers in Pianos and Organs io the World.)
WHOLESALE AND RETAIL WAREROOMS,
(SECOND FLOOR.)
2I5 WABASH AVE.,
CHICAGO.
Found an Old Cremona Violin.
t
OSTMASTER LEIBKE, of Hicksville, L. I.,
a few days ago gave Emil Koenig an old
violin that had hung in the garret for the past
fifty years, not thinking that it was valuable.
Mr. Koenig took the instrument to New York
to have it repaired, and now it is reported that
the instrument has been found to be a genuine
Cremona violin, made by Fletchner, in 1740,
one year before he died. Mr. Leibke can trace
the violin back to the maker, as only three per-
sons owned it before it came into his possession.
Koenig is said to have refused an offer of $1,000
for the instrument. It has a fine tone and is
very light.
THROUGH the energetic efforts of William F.
Tway, the Clough & Warren Organ is kept well
to the front in New York and vicinity. In small
churches, Sunday schools and lodges it is a
great favorite, and a very high reputation and
popularity have been established.
Future scanning projects are planned by the International Arcade Museum Library (IAML).