Music Trade Review
Issue: 1894 Vol. 18 N. 44 - Page 5
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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MUSIC TRADE REVEIW.]
—JUDGMENT—STIPULATION FOR ATTORNEY'S
FEES—APPEAL BONDS.
In an action on a note which provides for the
payment of attorney's fees in case of suit, plain-
tiff need not allege the necessity of resorting to
law to collect the note, since the mere bringing
of the action is sufficient proof of such necessity.
Dignowity v. Staacke et al., Court of Civil
Appeals of Texas, February 21st, 1894.
ATTACHMENT—COMPLAINT AND AFFIDAVIT—
ISSUANCE OF WRIT.
1. Where, in attachment, the affidavit recites
matters necessary to the complaint, the failure
to incorporate the same in the complaint is a
mere Irregularity.
2. A writ of attachment issued by the clerk
under Mansf. Dig. § 362, is, in the absence of an
order of the court or judge, conclusive evidence
that he granted it himself, and of the amount
for which it was granted; and an order made by
the clerk, and directing himself to issue the
wiit, is unnecessary.
Baker et al. v. Ayers et. al., Supreme Court
of Arkansas, March 10th, 1894.
PARTNERSHIP—PLEADING—GENERAL DENIAL.
1. Where an action on an implied contract for
goods furnished by a firm is brought in the
name of the partners, and it is alleged that they
jointly furnished the goods, it is not necessary
to allege the partnership.
2. In an action by an assignee for services ren-
dered defendant by his assignor under a written
contract, defendant cannot prove payment under
a general denial.
Clark et al. v. Wick, Supreme Court of Ore-
gon, March 13th, 1894.
MORTGAGES — FORECLOSURE — MATURITY
DEBT.
OF
When an overdraft account with a bank is se-
cured by a note and mortgages payable on or
before three years, and interest as due is charged
in the account, the rules against parol evidence
(Civ. Code, §1625 ; Code Civ. Proc. § 1856) for-
bid proof of an oral agreement that the debt
should be due at any time within the three
years, at the bank's option.
Bullion and Exchange Bank of Carson City v.
Spooner et ux, No. 18,192, Supreme Court of
California, March 14th, 1894.
ATTACHMENT — INTERVENTION — ASSIGNMENT
FOR BENEFIT OF CREDITORS—COM-
MUNITY PROPERTY.
1. An assignment for benefit of creditors of
community property, originally executed by the
wife alone, and signed by the husband after the
property has been attached by his creditors,
passes no title, as against such attachment, since
title could not vest in the assignee till the hus-
band signed the assignment.
2. Where judgement is rendered in favor of an
attaching creditor, as against a claimant of the
attached property, it should not be for the value
of the property, but for the amount of the cred-
itor's claim, with ten per cent, damages there-
on, as allowed by Rev. St., arts. 4840, 4841.
Wetzel v. Simon et al., Court of Civil Appeals
of Texas, March 28th, 1894.
CORPORATIONS — ULTRA VIRES — BONA
PURCHASER OF NOTE—ESTOPPEL.
FIDE
1. One who borrows money from a corpor-
ation, and gives his note therefor, is estopped,
as against an innocent holder, to assert that the
corporation had no power to lend money or dis-
count paper.
2. Where the purchaser of a note is ignorant
of the taint of usury, and renews it at a legal
rate, at the solicitation of its maker and his
sureties, these cannot deny their liability for in-
terest for the time of the extension.
Smith et al. v. White, Court of Civil Appeals
of Texas, December 6th, 1893.
High Prices for Songs.
t
SALE of the music plates and copyrights
of Messrs. B. Williams, a well known
London publisher, was held April 25th, at the
auction rooms of Messrs. Puttick & Simpson.
The prices realized give an idea of the high
value placed on good songs across the water.
The first song for which the bidding became at
all lively was "All-hallow E'en," by Pinsuti,
which was finally bought in by Mr. Mullen for
about £75. " A Tar of the Queen's," by Michael
Watson, only realized ^25 6s. Pinsuti's song,
" The Bugler," also arranged for the piano, was
purchased by Mr. Ashdown for ,£189 3s. The
struggle for Gerald F. Cobb's " Cradle Song "
was not very keen, despite the large type in
which it was set forth in the catalogue. It was
bought in by Mr. Mullen for ,£8 9s. "David
Singing before Saul," with a stone title, also
arranged as a piano piece, was also bought in
for ^26. K. I/sle's "Down the Old Lane,"
which the auctioneer said was not hampered by
any royalty, was '' freehold '' in fact, fetched but
;£io. One prominent member of the trade ob-
jected to the term freehold as applied to copy-
rights, remarking that they could only be con-
sidered leasehold. That one time haunting
song, "Ehren on the Rhine," realized, with its
several arrangements, ^82 10s. It was antici-
pated that there would be a big tussle for Michael
Watson's song, "Anchored," and there was.
The bidding commenced at the inconsiderable
sum of is. per plate, but as jokes of this sort are
quite customary the hilarity soon subsided, and
the next bidder showed he meant business. Soon
the auctioneer, with a lamentable disregard for
grammar, exclaimed: " Gentlemen, £8 (per
plate) is bade for it. You all know what im-
mense popularity this work has enjoyed, what
an enormous number of copies have been sold."
Here somebody, painfully conscious of the recent
stagnation in trade, interjected: "Especially
during the last six months ! " As this remark
had no special reference to the demand for
Michael Watson's song, but was obviously an
allusion to the becalmed state of the publishing
business, the auctioneer proceeded to state that
the sale of "Anchored " had averaged 12,000
copies a year—as a glee it had sold to the extent
of 3,000 or 4,000 copies a year. Mr. Ashdown
seemed to want the song, but Mr. Blockley was
prepared to pay a larger sum for it, and after an
exciting competition it was eventually knocked
down to the latter gentleman for ,£1,188, where-
at there was much applause. Tito Mattei's
" First Waltz " brought ^386 8s ; " Yorkshire
Bells," by J. Pridham, ,£715 10s. ; " The Valley
of Shadows," by O. Barri, ^109 7s. 6d. ; a
march by W. Smallwood, ^184 16s. ; operatic
solos, by W. Smallwood, ^338 6s. ; John Hiles's
" Catechism of Music, " ,£550. The total of the
two days' sale, which comprised some 320 Iot9,
was over ,£10,000.
THE HENDRICKS MUSIC COMPANY now repre-
sent the Aeolian in Pittsburg. Pa. It was for-
merly handled by Mellor & Hoene.
THE largest dry goods house in Elgin, 111., of
which Mr. Theodore F. Swan is proprietor, has
purchased a handsome Steger piano for use in
the ladies' parlor of that tstablishnient. The
piano will be manipulated by an electric auto-
matic attachment.
A NOVEL effect is produced by the aid of
electricity in the warerooms of the Aeolian
Organ Co., West 23d street. A Farrand &
Votey pipe organ, an upright piano, and an
Aeolian grand are played simultaneously from
similar rolls. They are uniformly tuned and
the effect is in every respect wonderfully
pleasing.
THE JOHN CHURCH CO. have issued a circular
bearing directly on the new Plectraphone attach-
ment to be sold only in connection with the
Everett piano. They point out its advantage as
a selling point in connection with piano sales,
the many effects it produces, and the fact that
in no case does it effect the tone of the piano
when the instrument is used without the attach-
ment.
MR. F. S. CABLE, secretary of the Chicago
Cottage Organ Co., will leave for Europe by the
" Etruria, " Saturday, June 23d.
BUSINESS with the A. B. Chase Co. is per-
ceptibly better during the past month than it
has been in April, and Mr. Calvin Whitney, the
energetic president, expects its continuance.
MR. PHILLIPS, of Williamsville, N. Y., has
patented a transposing keyboard.
DEALERS continue to speak highly of the sell-
ing qualities of the Russell piano, a Chicago
product, manufactured by the Russell Piano Co.,
which is being energetically and intelligently
pushed by Mr. C. C. Russell, the president.
The "Russell " is well constructed and sold at
a popular price, hence its popularity.
MESSRS. WILLIAM TONK & BRO. are highly
pleased with the business done by them for the
past two months. It has been considerably
larger than they expected, and the prospects for
a good spring trade are very bright.
^
C. H. MARTIN, the well known music trade
dealer, of Sioux City, la., has been elected direc-
tor of the Interstate Fair Association of Iowa
and South Dakota.
ROTH & ENGELHARDT, the piano action
manufacturers, of this city and St. Johnsville,
N. Y., are negotiating for the purchase of addi-
tional new and up-to-date machinery which will
give them unusual facilities for the production
of their excellent wares.
THE strongest timber known is the " Bilian "
or Borneo ironwood, whose breaking strain is
1.52 times greater than that of English oak. By
long exposure it becomes of ebony blackness
and immensely hard.
,.
MR. L,. P. PARKER, the popular cashier of the
Saybrook Bank, Essex, Conn., who has been
organist of the Congregational Church, that
town, for the past four years, has, owing to
business duties, resigned the latter position.
He is a most capable musician, and his playing
was a decided feature of that church.
The so-called piano trust has again material-
ized after being in quiescence for a short time ; at
least so say some trade papers. This would-be
sensational story is making a good race with the
usual crop of fish stories, ice cream jokes, and
other convenient fillers that come our way
when the mercury is in the ascendant.
THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MUSIC TRADE REVEIW.]
—JUDGMENT—STIPULATION FOR ATTORNEY'S
FEES—APPEAL BONDS.
In an action on a note which provides for the
payment of attorney's fees in case of suit, plain-
tiff need not allege the necessity of resorting to
law to collect the note, since the mere bringing
of the action is sufficient proof of such necessity.
Dignowity v. Staacke et al., Court of Civil
Appeals of Texas, February 21st, 1894.
ATTACHMENT—COMPLAINT AND AFFIDAVIT—
ISSUANCE OF WRIT.
1. Where, in attachment, the affidavit recites
matters necessary to the complaint, the failure
to incorporate the same in the complaint is a
mere Irregularity.
2. A writ of attachment issued by the clerk
under Mansf. Dig. § 362, is, in the absence of an
order of the court or judge, conclusive evidence
that he granted it himself, and of the amount
for which it was granted; and an order made by
the clerk, and directing himself to issue the
wiit, is unnecessary.
Baker et al. v. Ayers et. al., Supreme Court
of Arkansas, March 10th, 1894.
PARTNERSHIP—PLEADING—GENERAL DENIAL.
1. Where an action on an implied contract for
goods furnished by a firm is brought in the
name of the partners, and it is alleged that they
jointly furnished the goods, it is not necessary
to allege the partnership.
2. In an action by an assignee for services ren-
dered defendant by his assignor under a written
contract, defendant cannot prove payment under
a general denial.
Clark et al. v. Wick, Supreme Court of Ore-
gon, March 13th, 1894.
MORTGAGES — FORECLOSURE — MATURITY
DEBT.
OF
When an overdraft account with a bank is se-
cured by a note and mortgages payable on or
before three years, and interest as due is charged
in the account, the rules against parol evidence
(Civ. Code, §1625 ; Code Civ. Proc. § 1856) for-
bid proof of an oral agreement that the debt
should be due at any time within the three
years, at the bank's option.
Bullion and Exchange Bank of Carson City v.
Spooner et ux, No. 18,192, Supreme Court of
California, March 14th, 1894.
ATTACHMENT — INTERVENTION — ASSIGNMENT
FOR BENEFIT OF CREDITORS—COM-
MUNITY PROPERTY.
1. An assignment for benefit of creditors of
community property, originally executed by the
wife alone, and signed by the husband after the
property has been attached by his creditors,
passes no title, as against such attachment, since
title could not vest in the assignee till the hus-
band signed the assignment.
2. Where judgement is rendered in favor of an
attaching creditor, as against a claimant of the
attached property, it should not be for the value
of the property, but for the amount of the cred-
itor's claim, with ten per cent, damages there-
on, as allowed by Rev. St., arts. 4840, 4841.
Wetzel v. Simon et al., Court of Civil Appeals
of Texas, March 28th, 1894.
CORPORATIONS — ULTRA VIRES — BONA
PURCHASER OF NOTE—ESTOPPEL.
FIDE
1. One who borrows money from a corpor-
ation, and gives his note therefor, is estopped,
as against an innocent holder, to assert that the
corporation had no power to lend money or dis-
count paper.
2. Where the purchaser of a note is ignorant
of the taint of usury, and renews it at a legal
rate, at the solicitation of its maker and his
sureties, these cannot deny their liability for in-
terest for the time of the extension.
Smith et al. v. White, Court of Civil Appeals
of Texas, December 6th, 1893.
High Prices for Songs.
t
SALE of the music plates and copyrights
of Messrs. B. Williams, a well known
London publisher, was held April 25th, at the
auction rooms of Messrs. Puttick & Simpson.
The prices realized give an idea of the high
value placed on good songs across the water.
The first song for which the bidding became at
all lively was "All-hallow E'en," by Pinsuti,
which was finally bought in by Mr. Mullen for
about £75. " A Tar of the Queen's," by Michael
Watson, only realized ^25 6s. Pinsuti's song,
" The Bugler," also arranged for the piano, was
purchased by Mr. Ashdown for ,£189 3s. The
struggle for Gerald F. Cobb's " Cradle Song "
was not very keen, despite the large type in
which it was set forth in the catalogue. It was
bought in by Mr. Mullen for ,£8 9s. "David
Singing before Saul," with a stone title, also
arranged as a piano piece, was also bought in
for ^26. K. I/sle's "Down the Old Lane,"
which the auctioneer said was not hampered by
any royalty, was '' freehold '' in fact, fetched but
;£io. One prominent member of the trade ob-
jected to the term freehold as applied to copy-
rights, remarking that they could only be con-
sidered leasehold. That one time haunting
song, "Ehren on the Rhine," realized, with its
several arrangements, ^82 10s. It was antici-
pated that there would be a big tussle for Michael
Watson's song, "Anchored," and there was.
The bidding commenced at the inconsiderable
sum of is. per plate, but as jokes of this sort are
quite customary the hilarity soon subsided, and
the next bidder showed he meant business. Soon
the auctioneer, with a lamentable disregard for
grammar, exclaimed: " Gentlemen, £8 (per
plate) is bade for it. You all know what im-
mense popularity this work has enjoyed, what
an enormous number of copies have been sold."
Here somebody, painfully conscious of the recent
stagnation in trade, interjected: "Especially
during the last six months ! " As this remark
had no special reference to the demand for
Michael Watson's song, but was obviously an
allusion to the becalmed state of the publishing
business, the auctioneer proceeded to state that
the sale of "Anchored " had averaged 12,000
copies a year—as a glee it had sold to the extent
of 3,000 or 4,000 copies a year. Mr. Ashdown
seemed to want the song, but Mr. Blockley was
prepared to pay a larger sum for it, and after an
exciting competition it was eventually knocked
down to the latter gentleman for ,£1,188, where-
at there was much applause. Tito Mattei's
" First Waltz " brought ^386 8s ; " Yorkshire
Bells," by J. Pridham, ,£715 10s. ; " The Valley
of Shadows," by O. Barri, ^109 7s. 6d. ; a
march by W. Smallwood, ^184 16s. ; operatic
solos, by W. Smallwood, ^338 6s. ; John Hiles's
" Catechism of Music, " ,£550. The total of the
two days' sale, which comprised some 320 Iot9,
was over ,£10,000.
THE HENDRICKS MUSIC COMPANY now repre-
sent the Aeolian in Pittsburg. Pa. It was for-
merly handled by Mellor & Hoene.
THE largest dry goods house in Elgin, 111., of
which Mr. Theodore F. Swan is proprietor, has
purchased a handsome Steger piano for use in
the ladies' parlor of that tstablishnient. The
piano will be manipulated by an electric auto-
matic attachment.
A NOVEL effect is produced by the aid of
electricity in the warerooms of the Aeolian
Organ Co., West 23d street. A Farrand &
Votey pipe organ, an upright piano, and an
Aeolian grand are played simultaneously from
similar rolls. They are uniformly tuned and
the effect is in every respect wonderfully
pleasing.
THE JOHN CHURCH CO. have issued a circular
bearing directly on the new Plectraphone attach-
ment to be sold only in connection with the
Everett piano. They point out its advantage as
a selling point in connection with piano sales,
the many effects it produces, and the fact that
in no case does it effect the tone of the piano
when the instrument is used without the attach-
ment.
MR. F. S. CABLE, secretary of the Chicago
Cottage Organ Co., will leave for Europe by the
" Etruria, " Saturday, June 23d.
BUSINESS with the A. B. Chase Co. is per-
ceptibly better during the past month than it
has been in April, and Mr. Calvin Whitney, the
energetic president, expects its continuance.
MR. PHILLIPS, of Williamsville, N. Y., has
patented a transposing keyboard.
DEALERS continue to speak highly of the sell-
ing qualities of the Russell piano, a Chicago
product, manufactured by the Russell Piano Co.,
which is being energetically and intelligently
pushed by Mr. C. C. Russell, the president.
The "Russell " is well constructed and sold at
a popular price, hence its popularity.
MESSRS. WILLIAM TONK & BRO. are highly
pleased with the business done by them for the
past two months. It has been considerably
larger than they expected, and the prospects for
a good spring trade are very bright.
^
C. H. MARTIN, the well known music trade
dealer, of Sioux City, la., has been elected direc-
tor of the Interstate Fair Association of Iowa
and South Dakota.
ROTH & ENGELHARDT, the piano action
manufacturers, of this city and St. Johnsville,
N. Y., are negotiating for the purchase of addi-
tional new and up-to-date machinery which will
give them unusual facilities for the production
of their excellent wares.
THE strongest timber known is the " Bilian "
or Borneo ironwood, whose breaking strain is
1.52 times greater than that of English oak. By
long exposure it becomes of ebony blackness
and immensely hard.
,.
MR. L,. P. PARKER, the popular cashier of the
Saybrook Bank, Essex, Conn., who has been
organist of the Congregational Church, that
town, for the past four years, has, owing to
business duties, resigned the latter position.
He is a most capable musician, and his playing
was a decided feature of that church.
The so-called piano trust has again material-
ized after being in quiescence for a short time ; at
least so say some trade papers. This would-be
sensational story is making a good race with the
usual crop of fish stories, ice cream jokes, and
other convenient fillers that come our way
when the mercury is in the ascendant.
Future scanning projects are planned by the International Arcade Museum Library (IAML).