Music Trade Review
Issue: 1894 Vol. 18 N. 40 - Page 11
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MUSIC TRADE RKVIEW.]
"The
i5
Type."
FRAUDULENT CONVEYANCES—EVIDENCE.
Where defendant sold a part of his property
openly, and removed the balance without any
attempt at concealment, the mere fact that he
afterwards pretended, when called on by credit-
ors, that he had nothing with which to satisfy
their demands, does not show that the sale was
fraudulent.
Fortner v. Brownell et al. (Whelan, Gar-
nishee), Supreme Court of Wisconsin, February
23d, 1894.
ACTION ON ACCOUNT—LIMITATION.
RUSSELL
(Successors to STARK & STRACK.)
An action on mutual current accounts, between
merchant and merchant, is barred when brought
more than four years after the account was
stated, and after reciprocal relations between
the parties had ceased. Sayles' Civ. St., art.
PIANOS
3205.
Handell v. MacDonald, Court of Civil Ap-
peals of Texas, January 31st, 1894.
PARTNERSHIP.
In an action against both partners, verdict is
not defective because it is against one alone.
(Nebraska) 162.
One who agrees to give services to firm in re-
turn for a proportion of the profits is a member,
and liable for its debts. (Nebraska) 162.
The fact that a member of a firm retires does
not release a corporation from a contract made
with it, there being no showing of a release of
either member of said firm from its liabilities.
Nebraska) 181.
MANUFACTURED BY
( 1 ) o r g a n
-
.
.
.
-
125
To Nova Scotia, etc.:
Two (2) organs
-
$320
Four (4) pianos
-
-
- 1 ,150
All other and parts of -
274
650
Total -
THE
$13,501
$2,959
Sterling Company,
DER—NOTICE OF MOTION.
Under Code Civ. Proc. § 424, providing that a
voluntary general appearance by defendant is
equivalent to personal service of summons on
him, where defendant appears in the action, plain-
tiff cannot refuse to accept service of his answer
on the ground that he was not served with sum-
mons.
Fox v. Brooks et al., City Court of New York,
General Term, March 9th, 1894.
O n e
Importations of Musical Instruments into the
Port of Boston, month of March, 1894.
France -
$296
Germany -
2,459
204
England
CHICAGO.
SUPPLEMENTARY PROCEEDINGS—VACATING OR-
APPEARANCE—RIGHT TO SKRVE
ANSWER.
9,824
To Scotland :
Nos. 171 and 173 South Canal Street,
A judgment by default will not be opened on
an application made six years after its entry,
unless defendant gives a satisfactory explanation
of his delay.
Tooker et al. v. Booth, City Court of New
York, General Term, March 9th, 1894.
VOLUNTARY
$1,158
-
To England :
One hundred and twenty-seven
(127) organs
-
-
$8 1,204
All other and parts of
-
1 ,620
i,744
OPENING JUDGMENT BY DEFAULT—LACHES.
A motion to vacate, for irregularity, an order
to examine a debtor in supplementary proceed-
ings, will not be granted, unless the notice of
motion specifies the irregularity as required by
rule of practice 37.
Schmitzer v. Willner, Common Pleas of New
York City and County, General Term, March
6th, 1894.
To Netherlands :
Twenty-one (21) organs -
To Newfoundland :
Seventeen (17) organs
CONTRACT OF GUARANTY—CONSTRUCTION.
Under a contract of guaranty binding the
guarantors for the value of goods already sold
and to be sold to one K., " not to exceed the
sum of $3,000," the guarantors are not respon-
sible after sales to that extent have been made.
Armengol et al. v. Lemp et al., Court of Civil
Appeals of Texas, January 24th, 1894.
.1
CUSTOM HOUSE, BOSTON,
Collector's Office, April i6th, 1894
Exportations of Musical Instruments from the
Port of Boston, month ending March 31, 1894.
MANUFACTURERS OF
Pianos and Organs,
DERBY, CONN.
It. is admitted by all thai, no piano ever put upon the
market has met with such success as THE STERLTNG
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.
An Acrostic.
Crowned with bright jewels, exceedingly fair,
/?ich are their voices, and soft as the air,
Out-shining the stars of a clear winter night,
Whenever they're speaking you're filled with
delight.
No praises are needed, or words to explain,
Pleading for merits we know they contain,
/nstead, we shall let them just speak for them-
selves,
And then all contentions shall lie on their
shelves.
Now never were speakers so noble or true,
Or furnished with beauty so handsome to view ;
So touching their accents, so tenderly sweet,
^411 moving in harmony, solid, complete.
./Vow see them, good people, and hear what they
say ;
.Don't let an intruder deceive by the way.
One sight of their beauty, or sound of their voice,
Removes all your doubting and makes you re-
joice.
Great pleasure is found in a treasure like this,
^411 tumults or discords are turned into bliss.
Now just at the bottom you'll find the address ;
Send for the initials, your homes they will bless.
Geo. P. Bent, Chicago, 111.
A NEW system of piano construction is the
inducement which J. R. Hanna offers to those
who are willing to subscribe $10,000 toward a
the improvements made this year puts it far ahead oi
stock company for the manufacture of pianos at
all others. 1ST Send for Catalogue.
Ironton, Ohio.
^ T H E STERLING ORGAN has always taken the lead, and
Hallet & Davis Pianos
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.
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MUSIC TRADE RKVIEW.]
"The
i5
Type."
FRAUDULENT CONVEYANCES—EVIDENCE.
Where defendant sold a part of his property
openly, and removed the balance without any
attempt at concealment, the mere fact that he
afterwards pretended, when called on by credit-
ors, that he had nothing with which to satisfy
their demands, does not show that the sale was
fraudulent.
Fortner v. Brownell et al. (Whelan, Gar-
nishee), Supreme Court of Wisconsin, February
23d, 1894.
ACTION ON ACCOUNT—LIMITATION.
RUSSELL
(Successors to STARK & STRACK.)
An action on mutual current accounts, between
merchant and merchant, is barred when brought
more than four years after the account was
stated, and after reciprocal relations between
the parties had ceased. Sayles' Civ. St., art.
PIANOS
3205.
Handell v. MacDonald, Court of Civil Ap-
peals of Texas, January 31st, 1894.
PARTNERSHIP.
In an action against both partners, verdict is
not defective because it is against one alone.
(Nebraska) 162.
One who agrees to give services to firm in re-
turn for a proportion of the profits is a member,
and liable for its debts. (Nebraska) 162.
The fact that a member of a firm retires does
not release a corporation from a contract made
with it, there being no showing of a release of
either member of said firm from its liabilities.
Nebraska) 181.
MANUFACTURED BY
( 1 ) o r g a n
-
.
.
.
-
125
To Nova Scotia, etc.:
Two (2) organs
-
$320
Four (4) pianos
-
-
- 1 ,150
All other and parts of -
274
650
Total -
THE
$13,501
$2,959
Sterling Company,
DER—NOTICE OF MOTION.
Under Code Civ. Proc. § 424, providing that a
voluntary general appearance by defendant is
equivalent to personal service of summons on
him, where defendant appears in the action, plain-
tiff cannot refuse to accept service of his answer
on the ground that he was not served with sum-
mons.
Fox v. Brooks et al., City Court of New York,
General Term, March 9th, 1894.
O n e
Importations of Musical Instruments into the
Port of Boston, month of March, 1894.
France -
$296
Germany -
2,459
204
England
CHICAGO.
SUPPLEMENTARY PROCEEDINGS—VACATING OR-
APPEARANCE—RIGHT TO SKRVE
ANSWER.
9,824
To Scotland :
Nos. 171 and 173 South Canal Street,
A judgment by default will not be opened on
an application made six years after its entry,
unless defendant gives a satisfactory explanation
of his delay.
Tooker et al. v. Booth, City Court of New
York, General Term, March 9th, 1894.
VOLUNTARY
$1,158
-
To England :
One hundred and twenty-seven
(127) organs
-
-
$8 1,204
All other and parts of
-
1 ,620
i,744
OPENING JUDGMENT BY DEFAULT—LACHES.
A motion to vacate, for irregularity, an order
to examine a debtor in supplementary proceed-
ings, will not be granted, unless the notice of
motion specifies the irregularity as required by
rule of practice 37.
Schmitzer v. Willner, Common Pleas of New
York City and County, General Term, March
6th, 1894.
To Netherlands :
Twenty-one (21) organs -
To Newfoundland :
Seventeen (17) organs
CONTRACT OF GUARANTY—CONSTRUCTION.
Under a contract of guaranty binding the
guarantors for the value of goods already sold
and to be sold to one K., " not to exceed the
sum of $3,000," the guarantors are not respon-
sible after sales to that extent have been made.
Armengol et al. v. Lemp et al., Court of Civil
Appeals of Texas, January 24th, 1894.
.1
CUSTOM HOUSE, BOSTON,
Collector's Office, April i6th, 1894
Exportations of Musical Instruments from the
Port of Boston, month ending March 31, 1894.
MANUFACTURERS OF
Pianos and Organs,
DERBY, CONN.
It. is admitted by all thai, no piano ever put upon the
market has met with such success as THE STERLTNG
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.
An Acrostic.
Crowned with bright jewels, exceedingly fair,
/?ich are their voices, and soft as the air,
Out-shining the stars of a clear winter night,
Whenever they're speaking you're filled with
delight.
No praises are needed, or words to explain,
Pleading for merits we know they contain,
/nstead, we shall let them just speak for them-
selves,
And then all contentions shall lie on their
shelves.
Now never were speakers so noble or true,
Or furnished with beauty so handsome to view ;
So touching their accents, so tenderly sweet,
^411 moving in harmony, solid, complete.
./Vow see them, good people, and hear what they
say ;
.Don't let an intruder deceive by the way.
One sight of their beauty, or sound of their voice,
Removes all your doubting and makes you re-
joice.
Great pleasure is found in a treasure like this,
^411 tumults or discords are turned into bliss.
Now just at the bottom you'll find the address ;
Send for the initials, your homes they will bless.
Geo. P. Bent, Chicago, 111.
A NEW system of piano construction is the
inducement which J. R. Hanna offers to those
who are willing to subscribe $10,000 toward a
the improvements made this year puts it far ahead oi
stock company for the manufacture of pianos at
all others. 1ST Send for Catalogue.
Ironton, Ohio.
^ T H E STERLING ORGAN has always taken the lead, and
Hallet & Davis Pianos
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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