Music Trade Review
Issue: 1894 Vol. 18 N. 42 - Page 4
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THE MUSIC TRADE REVIEW.
THE SOHMER CASE.
Mr. Hawes' Synopsis of the
Judge's Findings.
MAY
17th, 1894.
MESSRS. SOHMER & Co.
GENTLEMEN :—I have
already sent you copy
of Findings as proposed by defendant in suit of
Hugo Sohmer, et al., against The Sebastian
Sommer Piano Co., which were signed by Judge
Bisehofl, and wherein, as you will remember the
words '' upon the merits '' were stricken out by
the Court in the conclusion of law dismissing
the complaint. I now send you copy of Find-
ings, as proposed by plaintiffs, together with
the ruling of the Court on each Finding. You
will observe that nearly all the facts have been
found in our favor, especially those which show
the long standing, superiority and high reputa-
tion of the pianos manufactured by your firm,
and the inferiority and cheap workmanship of
those manufactured by defendant. All this is
set forth very fully in the first five Find-
ings, and in the tenth and twenty-seventh Find-
ings.
The Court has also found that the defendant
variously stencils its pianos "Sommer," or
" Sommer Csf Co.," or "Sebastian Somtner," or
" Sebastian Sommer Piano Co./' and also adver-
tises its pianos as '' Sommer Pianos '' (eighth
Finding). The fact that four different stencil.s
are used is suspicious in itself. But by what
right does the defendant—a New Jersey corpora-
tion -make use of the words " Sommer & Co. " ?
That would seem to imply a firm or copartner-
ship, and the resemblance to your firm name of
" Sohmer & Co." is apparent. As there is no
firm by the name of " Sommer & Co." the ques-
tion naturally arises whether this was intended
for an imitation of your firm name. It certainly
is not the corporate name of the defendant. It
would seem as though the Court might have at
least given us an injunction against the use of
the words " Sommer & Co.," as prayed for in
our Complaint. However, you have the satis-
faction of knowing that you have achieved a
moral victory, even if you have been temporarily
thwarted by a legal technicality.
The defendant has on every possible occasion
vociferously asserted its innocence and purity of
purpose, and claimed that plaintiffs were not
actuated by any motive or desire to protect the
public from deceit or imposition, but solely to
advertise their wares. The answer of defendant
further alleges '' that it has no intention or
'' desire to lead the public to believe that the
"said ' Somt/ier ' pianos are the same as the
"pianos manufactured by plaintiffs." This is
sworn to by Sebastian Sommer. Now compare
this statement with the twenty-seventh Finding
wherein the Court finds " That defendant through
its manager expressed a ivillingness that the gene-
ral publie should be misled and deeeived through
the aforesaid use of the word ' Sommer.' "
On the question of business methods and lack
of bad faith or intent to deceive, it would be well
to refer to the Twenty-sixth Finding, wherein
the Court finds " That in the Catalogue of de-
fendant is printed the following notice : ' Every
genuine Sebastian Sommer Piano Company
piano has the name stamped as follows upon the
plate, ' Sebastian Sommer Piano Company, New
York.' THAT SAID NOTICE WAS FALSE IN EACT
AND CALCULATED TO MISLEAD." Comment on
this plain statement from the Judge would be
wholly superfluous.
The answer of defendant further '' denies that
'' the pianos manufactured by the defendant are
1
' inferior to those of the plaintiffs, but alleges to
" the contrary that the scale of the pianos manu-
1
' factured by the defendant is far superior to
" that in the pianos of plaintiffs." In order to
ascertain how much truth, if any, is contained
in this statement of defendant, it is only neces-
sary to turn to the Tenth Finding, wherein the
Court finds that " the pianos manufactured atid
'' sold by defendant are greatly inferior to those
" 7nanufactured by plaintiffs in workmanship,
" material and all the component pa) Is which go to
" make up a first-class piano."
Turn also to the Thirty-seventh Finding,
where the Court finds, " That the pianos manu-
factured by defendant are not ' absolutely first-
" ' class,' " (as claimed in its catalogue), "but
'' on the contrary, are of low and cheap grade,
" poorly constructed of inferior materials, im-
" properly put together, and of inferior work-
" manship."
Without commenting further upon the Find-
ings in this case, I think I have gone far
enough to demonstrate that the Court was prac-
tically with you on all the main facts in dispute,
and that your position is fully vindicated. The
piano trade also understand the matter and thor-
oughly endorse your course in bringing action to
protect not only your firm name but the general
public.
It only remains for me to say that you will
notice that on several of the Findings Judge
Bischoff has written the word '' Refused.'' This
does not mean that the opposite is true, but, as
he himself explains it in a foot-note, ''These
" and similar requests are not to find facts es-
" tablished by the evidence, but to state evi-
" dence. In other words, the Findings marked
"Refused" are true but unnecessary, as they
state the undisputed evidence in the case.
I trust I have made this matter clear. The
victory which you secured in connection with
defendant's Findings is now emphasized by the
Findings in your behalf, as I have shown above.
I remain
Very truly yours,
(Signed)
GILBERT R. HAWES,
120 Broadway,
N. Y. City.
Music leaf turners have received the attention
of inventors for years, but so far the production
of a thoroughly satisfactory one seemed well
nigh impossible. However, this can no longer
be said, for a very practical and satisfactory
music leaf turner has been brought out by the
Music L/eaf Turner Co., 187 Broadway. It is
simple in construction, devoid of all compli-
cated mechanism, and easily and quickly oper-
ated. It is sold at a reasonable price, and
should meet with a demand from musicians and
dealers in small goods.
H. A. SPICER is not connected with the firm
of Geary Bros., New Haven, Conn., as an-
nounced some weeks ago.
30 East
19th street, will be formally dedicated by a con-
cert and general good time next Wednesday
evening, May 23d. The program will be an
interesting one, and the occasion will afford an
excellent opportunity to music lovers to hear
this ingenius and popular instrument performed
upon in a very capable manner by members of
the Club.
THE NEW YORK AUTOHARP CLUB,
THE MASON & HAMLIN ORGAN & PIANO CO.
expect to be in their new building, 136 Fifth
avenue, about June first. The contractor is
making rapid strides towards completion and
expects to be ready at that time. In the
meanwhile, Mason & Hamlin are doing very
nicely in their temporary quarters, Fifth,
avenue and 15th street.
ASUALTmS
THE enterprise of Brother Fox is plainly evi-
denced in the May 10th issue of the Indicator.
The paper of that date contains 116 pages.
Apart from the excellent news features of the
paper, there is a carefully compiled list of music
dealers in the Western States. This alone makes
the paper valuable as a volume of reference, and
as the editor of The Indicator has devoted much
time and study to the compilation of the list, we
may conclude that it is fairly authentic. The
amount of advertising patronage represented in
the number furnishes an eloquent argument in
favor of the popularity of the pioneer music
trade paper of the West.
THE rumor that Mason & Hamlin are giv-
ing up their screw stringer for the old wrest pin
system in their pianos has been contradicted by
Edward P. Mason, president of the Company,
who says : " After twelve years of manufactur-
ing pianos on our screw system our belief is
greater than ever that this is a real improvement
in piano construction."
MR. JOHN C. MINTON, of the well known
music house of Lange & Minton, Burlington,
la., has been honored by being elected president
of a Building & Loan Association recently estab-
lished in that city.
AT the Antwerp Kxhibition, which opened
last week, the French musical instrument manu-
facturers exceed all others in this line of indus-
try. There is a puny showing of American
musical instruments, and, on the whole, it cannot
be said that the general display of American
industries is a representative one.
HAMMACHER,* SCHLEMMER
&
Co.,
of
209
Bowery, have sent us their annual catalogue for
1894. It is a well-printed book of some 164
pages, and it forms a complete representation of
everything required by a piano or organ con-
cern. The book is nicely illustrated, and the
cuts are in every respect excellent. This cata-
logue is confined exclusively to piano and organ
material, and is characteristic of this firm who
are noted for their conservative yet progressive
methods of transacting a business which is now
one of the largest in this line.
WE regret to announce the death of Mrs.
Geo. P. Warren, wife of the senior member of
the Clough & Warren Company, who died at
Sommerville, S. C , where she had been sojurn-
ing for some time for her health. The inter-
ment took place at Chicago, May nth.
THE FARRAND & VOTEY COMPANY have
just closed a contract for a large organ in the
Second Congregational Church, Rockford, 111.
L/VON, POTTER & Co. have signed a lease for
the building on the Southwest corner of Jackson
street and Wabash avenue, Chicago, for ten
years from May 1st, 1895. The building is at
present partly occupied by the Domestic Sewing
Machine Company. It will be entirely remodel-
ed, and when out of the hands of the contractors
will prove one of the most attractive music
houses in Chicago.
THE MUSIC TRADE REVIEW.
THE SOHMER CASE.
Mr. Hawes' Synopsis of the
Judge's Findings.
MAY
17th, 1894.
MESSRS. SOHMER & Co.
GENTLEMEN :—I have
already sent you copy
of Findings as proposed by defendant in suit of
Hugo Sohmer, et al., against The Sebastian
Sommer Piano Co., which were signed by Judge
Bisehofl, and wherein, as you will remember the
words '' upon the merits '' were stricken out by
the Court in the conclusion of law dismissing
the complaint. I now send you copy of Find-
ings, as proposed by plaintiffs, together with
the ruling of the Court on each Finding. You
will observe that nearly all the facts have been
found in our favor, especially those which show
the long standing, superiority and high reputa-
tion of the pianos manufactured by your firm,
and the inferiority and cheap workmanship of
those manufactured by defendant. All this is
set forth very fully in the first five Find-
ings, and in the tenth and twenty-seventh Find-
ings.
The Court has also found that the defendant
variously stencils its pianos "Sommer," or
" Sommer Csf Co.," or "Sebastian Somtner," or
" Sebastian Sommer Piano Co./' and also adver-
tises its pianos as '' Sommer Pianos '' (eighth
Finding). The fact that four different stencil.s
are used is suspicious in itself. But by what
right does the defendant—a New Jersey corpora-
tion -make use of the words " Sommer & Co. " ?
That would seem to imply a firm or copartner-
ship, and the resemblance to your firm name of
" Sohmer & Co." is apparent. As there is no
firm by the name of " Sommer & Co." the ques-
tion naturally arises whether this was intended
for an imitation of your firm name. It certainly
is not the corporate name of the defendant. It
would seem as though the Court might have at
least given us an injunction against the use of
the words " Sommer & Co.," as prayed for in
our Complaint. However, you have the satis-
faction of knowing that you have achieved a
moral victory, even if you have been temporarily
thwarted by a legal technicality.
The defendant has on every possible occasion
vociferously asserted its innocence and purity of
purpose, and claimed that plaintiffs were not
actuated by any motive or desire to protect the
public from deceit or imposition, but solely to
advertise their wares. The answer of defendant
further alleges '' that it has no intention or
'' desire to lead the public to believe that the
"said ' Somt/ier ' pianos are the same as the
"pianos manufactured by plaintiffs." This is
sworn to by Sebastian Sommer. Now compare
this statement with the twenty-seventh Finding
wherein the Court finds " That defendant through
its manager expressed a ivillingness that the gene-
ral publie should be misled and deeeived through
the aforesaid use of the word ' Sommer.' "
On the question of business methods and lack
of bad faith or intent to deceive, it would be well
to refer to the Twenty-sixth Finding, wherein
the Court finds " That in the Catalogue of de-
fendant is printed the following notice : ' Every
genuine Sebastian Sommer Piano Company
piano has the name stamped as follows upon the
plate, ' Sebastian Sommer Piano Company, New
York.' THAT SAID NOTICE WAS FALSE IN EACT
AND CALCULATED TO MISLEAD." Comment on
this plain statement from the Judge would be
wholly superfluous.
The answer of defendant further '' denies that
'' the pianos manufactured by the defendant are
1
' inferior to those of the plaintiffs, but alleges to
" the contrary that the scale of the pianos manu-
1
' factured by the defendant is far superior to
" that in the pianos of plaintiffs." In order to
ascertain how much truth, if any, is contained
in this statement of defendant, it is only neces-
sary to turn to the Tenth Finding, wherein the
Court finds that " the pianos manufactured atid
'' sold by defendant are greatly inferior to those
" 7nanufactured by plaintiffs in workmanship,
" material and all the component pa) Is which go to
" make up a first-class piano."
Turn also to the Thirty-seventh Finding,
where the Court finds, " That the pianos manu-
factured by defendant are not ' absolutely first-
" ' class,' " (as claimed in its catalogue), "but
'' on the contrary, are of low and cheap grade,
" poorly constructed of inferior materials, im-
" properly put together, and of inferior work-
" manship."
Without commenting further upon the Find-
ings in this case, I think I have gone far
enough to demonstrate that the Court was prac-
tically with you on all the main facts in dispute,
and that your position is fully vindicated. The
piano trade also understand the matter and thor-
oughly endorse your course in bringing action to
protect not only your firm name but the general
public.
It only remains for me to say that you will
notice that on several of the Findings Judge
Bischoff has written the word '' Refused.'' This
does not mean that the opposite is true, but, as
he himself explains it in a foot-note, ''These
" and similar requests are not to find facts es-
" tablished by the evidence, but to state evi-
" dence. In other words, the Findings marked
"Refused" are true but unnecessary, as they
state the undisputed evidence in the case.
I trust I have made this matter clear. The
victory which you secured in connection with
defendant's Findings is now emphasized by the
Findings in your behalf, as I have shown above.
I remain
Very truly yours,
(Signed)
GILBERT R. HAWES,
120 Broadway,
N. Y. City.
Music leaf turners have received the attention
of inventors for years, but so far the production
of a thoroughly satisfactory one seemed well
nigh impossible. However, this can no longer
be said, for a very practical and satisfactory
music leaf turner has been brought out by the
Music L/eaf Turner Co., 187 Broadway. It is
simple in construction, devoid of all compli-
cated mechanism, and easily and quickly oper-
ated. It is sold at a reasonable price, and
should meet with a demand from musicians and
dealers in small goods.
H. A. SPICER is not connected with the firm
of Geary Bros., New Haven, Conn., as an-
nounced some weeks ago.
30 East
19th street, will be formally dedicated by a con-
cert and general good time next Wednesday
evening, May 23d. The program will be an
interesting one, and the occasion will afford an
excellent opportunity to music lovers to hear
this ingenius and popular instrument performed
upon in a very capable manner by members of
the Club.
THE NEW YORK AUTOHARP CLUB,
THE MASON & HAMLIN ORGAN & PIANO CO.
expect to be in their new building, 136 Fifth
avenue, about June first. The contractor is
making rapid strides towards completion and
expects to be ready at that time. In the
meanwhile, Mason & Hamlin are doing very
nicely in their temporary quarters, Fifth,
avenue and 15th street.
ASUALTmS
THE enterprise of Brother Fox is plainly evi-
denced in the May 10th issue of the Indicator.
The paper of that date contains 116 pages.
Apart from the excellent news features of the
paper, there is a carefully compiled list of music
dealers in the Western States. This alone makes
the paper valuable as a volume of reference, and
as the editor of The Indicator has devoted much
time and study to the compilation of the list, we
may conclude that it is fairly authentic. The
amount of advertising patronage represented in
the number furnishes an eloquent argument in
favor of the popularity of the pioneer music
trade paper of the West.
THE rumor that Mason & Hamlin are giv-
ing up their screw stringer for the old wrest pin
system in their pianos has been contradicted by
Edward P. Mason, president of the Company,
who says : " After twelve years of manufactur-
ing pianos on our screw system our belief is
greater than ever that this is a real improvement
in piano construction."
MR. JOHN C. MINTON, of the well known
music house of Lange & Minton, Burlington,
la., has been honored by being elected president
of a Building & Loan Association recently estab-
lished in that city.
AT the Antwerp Kxhibition, which opened
last week, the French musical instrument manu-
facturers exceed all others in this line of indus-
try. There is a puny showing of American
musical instruments, and, on the whole, it cannot
be said that the general display of American
industries is a representative one.
HAMMACHER,* SCHLEMMER
&
Co.,
of
209
Bowery, have sent us their annual catalogue for
1894. It is a well-printed book of some 164
pages, and it forms a complete representation of
everything required by a piano or organ con-
cern. The book is nicely illustrated, and the
cuts are in every respect excellent. This cata-
logue is confined exclusively to piano and organ
material, and is characteristic of this firm who
are noted for their conservative yet progressive
methods of transacting a business which is now
one of the largest in this line.
WE regret to announce the death of Mrs.
Geo. P. Warren, wife of the senior member of
the Clough & Warren Company, who died at
Sommerville, S. C , where she had been sojurn-
ing for some time for her health. The inter-
ment took place at Chicago, May nth.
THE FARRAND & VOTEY COMPANY have
just closed a contract for a large organ in the
Second Congregational Church, Rockford, 111.
L/VON, POTTER & Co. have signed a lease for
the building on the Southwest corner of Jackson
street and Wabash avenue, Chicago, for ten
years from May 1st, 1895. The building is at
present partly occupied by the Domestic Sewing
Machine Company. It will be entirely remodel-
ed, and when out of the hands of the contractors
will prove one of the most attractive music
houses in Chicago.
Future scanning projects are planned by the International Arcade Museum Library (IAML).