Music Trade Review
Issue: 1894 Vol. 18 N. 41 - Page 9
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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS,
[PREPARED FOR THE MUSIC TRADE REVIEW.]
ASSIGNMENT FOR BENEFIT OF CREDITORS-
RIGHTS OF THIRD PERSONS.
2. Plaintiff's right to sue to prevent such in-
termingling of funds is not affected by the fact
that he would be entitled to notice of proceed-
ings to settle the assignee's accounts, and that
he could then assert his claim to the money, as
he could not be required to wait until such ac-
counting before he could recover the funds
which belong to him.
Bertha Zinc & Mineral Co. v. Clute et al.,
Common Pleas of New York City and County,
General Term, February 5th, 1894.
A SPECIAL
In an action on a note, failure of defendant to
deny that the note was transferred to plaintiff
'' for value,'' as alleged in the complaint, is not
an admission thereof, as such averment in the
complaint was not necessary.
Guggenheim v. Goldberger et al., City Coutt
of New York, General Term, February 8th, 1894.
Is our latest style—of im-
posing and elegant appearance.
The first glance convinces
buyers that it offers more in
musical value and artistic re-
sults than any piano before
the trade.
Unquestionable durability.
Very tempting prices are of-
fered for this and other styles.
AGREEMENT TO PAY INTEREST
gives a right of action to recover the interest
whenever, under the contract, it becomes due.
It is a part of the contract and may be enforced
either separately or in connection with other
obligations of the same contract. But when it
is not specially contracted for, it is but an inci-
dent of the contract or obligation upon which it
depends and cannot be recovered in a separate
action after payment of the principal. In such
cases, except as provided by statute, it is re-
covered, not as interest eo nomine, but as dam-
ages for the detention of the principal debt or for
failure to discharge the obligation.
The Supreme Court of California, in the case
of City of I,os Angeles v. City Bank (34 Pac.
Rep. 510), renders this helpful reminder upon
the right to recover interest, and adds that
wherever the question of the application of pay-
ments is left in doubt the law will apply them
first to the extinguishment of interest due at
the date of payment.
Partner has no implied authority to make a
general assignment of partnership property for
benefit of creditors, unless his co-partner is
absent, so he cannot be consulted, or is incapable
of giving consent.
Hill v. Postley (Va.) 17 S. E. Rep. 946.
I
The Ckflic Pib.no Co. *
X 517—523 W. 4 5 t h St.
X
New York.
X
x
^ x x x x x x x x x x x x x x x x x X
ASSIGNMENT
PIANOS AND ORGANS
BOSTON.
NEW YORK. CHICAGO. KANSAS CITY.
THE
GONOVER PIANO
THE
f^
who has ever sung a song or
^ ^ played a piece before friends, knows the
agony of mind engendered over what ought to
be the simple operation of " turning over "
—the "doubt, hesitation and pain " (to press
Browning into service), which too commonly ac-
company this proceeding on the part alike of
the player and of the unfortunate individual
(hardly less to be pitied), who has kindly volun-
teered to oblige at the appointed moments.
What social tragedies are still to be written on
this topic !—what stories of pages turned over
many bars before the bottom of the page, of
pages not turned over till long after the bottom
of the page has been reached, of half a dozen
pages turned over in place of one, of the entire
music being turned over bodily into the per-
former's lap—all of these things and more one
has seen. Now a London inventor has come to
the rescue with what he calls a " music clasp, "
and these woes need be no more. It is an in-
genious but simple little contrivance, the main
virtue of it residing in the fact that it keeps all
the leaves of the music apart, so that the finger
may be readily inserted.
T is almost a common thing to find people
who really think more of their pet animals
than their fellow men. In some instances this
affection has gone so far that a friend who killed
the pet through anger has lost his life. But a
stranger affinity is that of a man and a snake.
A modern novelist has written of such a weird
affection, but everyday life furnishes us with
but few illustrations. A thing that by a single
bite may cost the life of its companion is not
the most longed for playmate. But the eccen-
tricities of human nature in rare cases run in
the most morbid channels. This, perhaps, may
explain the real affection that a resident in this
city has for his pet reptile.
He is a violinist, and his chief joy is in play-
ing to " Dick," for that is what he calls his
snake. As the bow touches the string, the
reptile raises its head and unfolds its sinuous
coil, and during the soft music sways its head
in rythmic measure. The owner says that the
snake is really in a hypnotic condition during
the playing, and afterward any stranger could
pick it up and coil it around his neck. For his
master the snake has a great affection. When
the door of the glass cage is open it frequently
glides out and crawls in his lap and curls up
and goes to sleep. —Philadelphia Press.
They Smiled.
IS UNEXCELLED.
FOR BENEFIT OF CREDITORS —
COUNSEL FEES.
Under Laws 1878, c. 318, g 26, providing that
on the contest of a claim against an assignee for
benefit of creditors the court may, " i n its dis-
cretion, award reasonable counsel fees and
costs," counsel for the assignee may be allowed
compensation in excess of the taxable costs.
In re Barr et al., Common Pleas of New York
City and County, Special Term, January, 1894.
A London Invention That is Said to Be
A Real Agony Preventer.
Playing for a Serpent.
NEGOTIABLE INSTRUMENTS—FORGED INDORSE-
MENT—SUBSEQUENT INDORSER.
Defendant bank received a check drawn on
plaintiff for collection. After plaintiff had re-
mitted to defendant, and defendant had paid the
holder of the check, it was discovered that the
payee's name was forged. Held, that delay of
plaintiff in notifying defendant of the forgery
did not relieve defendant from liability, where the
only evidence of injury from the delay was that
of defendant's cashier, who said : " If more sea-
sonable notice had been given, the forger would
have been arrested earlier, and more favorable
results might have arisen."
Third National Bank of City of New York v.
Merchants' National Bank, Supreme Court ;
Genetal Term, First Department, March 16th,
1S94.
THE TURNING OVER OF
MUSIC.
ACTION ON NOTE—AVERMENT ADMITTED BY
FAILURE TO DENY.
GRAND AND UPRIGHT.
CHICAGO COTTAGE ORGAN CO.,
SOLE FACTORS.
Warerooms, 215 Wabash Avenue,
Second Floor.
CELEBRATED
STEGER
CHICAGO.
well known actors met upon the Rialto.
^
One of them had a pair of very yellow kid
gloves dangling from the side pocket of his
coat. Said the other, pointing to the gloves,
1
' What are the banana skins for ? "
" Oh, they 're just to slip on," answered the
owner of the kids, with a smile. A few minutes
later they were both smiling together.
PIANOS
PATENTED 1892.
are noted for their line singing quality of
tone and great durability. The most
profitable Piano for dealers to handle.
STEG-ER & CO., Manufacturers,
Factory, Columbia Heights.
235 WABASH AYE., CHICAGO.
THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS,
[PREPARED FOR THE MUSIC TRADE REVIEW.]
ASSIGNMENT FOR BENEFIT OF CREDITORS-
RIGHTS OF THIRD PERSONS.
2. Plaintiff's right to sue to prevent such in-
termingling of funds is not affected by the fact
that he would be entitled to notice of proceed-
ings to settle the assignee's accounts, and that
he could then assert his claim to the money, as
he could not be required to wait until such ac-
counting before he could recover the funds
which belong to him.
Bertha Zinc & Mineral Co. v. Clute et al.,
Common Pleas of New York City and County,
General Term, February 5th, 1894.
A SPECIAL
In an action on a note, failure of defendant to
deny that the note was transferred to plaintiff
'' for value,'' as alleged in the complaint, is not
an admission thereof, as such averment in the
complaint was not necessary.
Guggenheim v. Goldberger et al., City Coutt
of New York, General Term, February 8th, 1894.
Is our latest style—of im-
posing and elegant appearance.
The first glance convinces
buyers that it offers more in
musical value and artistic re-
sults than any piano before
the trade.
Unquestionable durability.
Very tempting prices are of-
fered for this and other styles.
AGREEMENT TO PAY INTEREST
gives a right of action to recover the interest
whenever, under the contract, it becomes due.
It is a part of the contract and may be enforced
either separately or in connection with other
obligations of the same contract. But when it
is not specially contracted for, it is but an inci-
dent of the contract or obligation upon which it
depends and cannot be recovered in a separate
action after payment of the principal. In such
cases, except as provided by statute, it is re-
covered, not as interest eo nomine, but as dam-
ages for the detention of the principal debt or for
failure to discharge the obligation.
The Supreme Court of California, in the case
of City of I,os Angeles v. City Bank (34 Pac.
Rep. 510), renders this helpful reminder upon
the right to recover interest, and adds that
wherever the question of the application of pay-
ments is left in doubt the law will apply them
first to the extinguishment of interest due at
the date of payment.
Partner has no implied authority to make a
general assignment of partnership property for
benefit of creditors, unless his co-partner is
absent, so he cannot be consulted, or is incapable
of giving consent.
Hill v. Postley (Va.) 17 S. E. Rep. 946.
I
The Ckflic Pib.no Co. *
X 517—523 W. 4 5 t h St.
X
New York.
X
x
^ x x x x x x x x x x x x x x x x x X
ASSIGNMENT
PIANOS AND ORGANS
BOSTON.
NEW YORK. CHICAGO. KANSAS CITY.
THE
GONOVER PIANO
THE
f^
who has ever sung a song or
^ ^ played a piece before friends, knows the
agony of mind engendered over what ought to
be the simple operation of " turning over "
—the "doubt, hesitation and pain " (to press
Browning into service), which too commonly ac-
company this proceeding on the part alike of
the player and of the unfortunate individual
(hardly less to be pitied), who has kindly volun-
teered to oblige at the appointed moments.
What social tragedies are still to be written on
this topic !—what stories of pages turned over
many bars before the bottom of the page, of
pages not turned over till long after the bottom
of the page has been reached, of half a dozen
pages turned over in place of one, of the entire
music being turned over bodily into the per-
former's lap—all of these things and more one
has seen. Now a London inventor has come to
the rescue with what he calls a " music clasp, "
and these woes need be no more. It is an in-
genious but simple little contrivance, the main
virtue of it residing in the fact that it keeps all
the leaves of the music apart, so that the finger
may be readily inserted.
T is almost a common thing to find people
who really think more of their pet animals
than their fellow men. In some instances this
affection has gone so far that a friend who killed
the pet through anger has lost his life. But a
stranger affinity is that of a man and a snake.
A modern novelist has written of such a weird
affection, but everyday life furnishes us with
but few illustrations. A thing that by a single
bite may cost the life of its companion is not
the most longed for playmate. But the eccen-
tricities of human nature in rare cases run in
the most morbid channels. This, perhaps, may
explain the real affection that a resident in this
city has for his pet reptile.
He is a violinist, and his chief joy is in play-
ing to " Dick," for that is what he calls his
snake. As the bow touches the string, the
reptile raises its head and unfolds its sinuous
coil, and during the soft music sways its head
in rythmic measure. The owner says that the
snake is really in a hypnotic condition during
the playing, and afterward any stranger could
pick it up and coil it around his neck. For his
master the snake has a great affection. When
the door of the glass cage is open it frequently
glides out and crawls in his lap and curls up
and goes to sleep. —Philadelphia Press.
They Smiled.
IS UNEXCELLED.
FOR BENEFIT OF CREDITORS —
COUNSEL FEES.
Under Laws 1878, c. 318, g 26, providing that
on the contest of a claim against an assignee for
benefit of creditors the court may, " i n its dis-
cretion, award reasonable counsel fees and
costs," counsel for the assignee may be allowed
compensation in excess of the taxable costs.
In re Barr et al., Common Pleas of New York
City and County, Special Term, January, 1894.
A London Invention That is Said to Be
A Real Agony Preventer.
Playing for a Serpent.
NEGOTIABLE INSTRUMENTS—FORGED INDORSE-
MENT—SUBSEQUENT INDORSER.
Defendant bank received a check drawn on
plaintiff for collection. After plaintiff had re-
mitted to defendant, and defendant had paid the
holder of the check, it was discovered that the
payee's name was forged. Held, that delay of
plaintiff in notifying defendant of the forgery
did not relieve defendant from liability, where the
only evidence of injury from the delay was that
of defendant's cashier, who said : " If more sea-
sonable notice had been given, the forger would
have been arrested earlier, and more favorable
results might have arisen."
Third National Bank of City of New York v.
Merchants' National Bank, Supreme Court ;
Genetal Term, First Department, March 16th,
1S94.
THE TURNING OVER OF
MUSIC.
ACTION ON NOTE—AVERMENT ADMITTED BY
FAILURE TO DENY.
GRAND AND UPRIGHT.
CHICAGO COTTAGE ORGAN CO.,
SOLE FACTORS.
Warerooms, 215 Wabash Avenue,
Second Floor.
CELEBRATED
STEGER
CHICAGO.
well known actors met upon the Rialto.
^
One of them had a pair of very yellow kid
gloves dangling from the side pocket of his
coat. Said the other, pointing to the gloves,
1
' What are the banana skins for ? "
" Oh, they 're just to slip on," answered the
owner of the kids, with a smile. A few minutes
later they were both smiling together.
PIANOS
PATENTED 1892.
are noted for their line singing quality of
tone and great durability. The most
profitable Piano for dealers to handle.
STEG-ER & CO., Manufacturers,
Factory, Columbia Heights.
235 WABASH AYE., CHICAGO.
Future scanning projects are planned by the International Arcade Museum Library (IAML).