Music Trade Review
Issue: 1894 Vol. 18 N. 46 - Page 11
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THE MUSIC TRADE REVIEW.
B. The duties of the Relief Committee shall
be to visit the sick or disabled members ; and in
case of a death procure positive proof thereof as
soon as possible, and when such is obtained,
issue a certificate to the Financial Secretary for
the Beneficiary.
Type."
SPECIAL COMMITTEES.
Section IV. All business that cannot be re-
ferred to any appropriate Committees, shall be
referred to Special Committees as may be de-
termined by the Executive Committee.
MORTGAGES — ASSIGNMENT
PENDING
CLOSURE—EFFECT.
RUSSELL
(Successors to STARK & STRACK.)
PIANOS
ARTICLE VI.
MEETINGS.
MANUFACTURED BY
Annual Meeting, Executive Committee, and
Special Meetings.
ANNUAL MEETING.
Section I. The Annual Meeting of this Soci-
ety shall be held on the second Wednesday in
the month of June of each year, in the city of
New York.
MEETING OF THE EXECUTIVE COMMITTEE.
Section If. The Executive Committee shall
meet at least once in every month. Seven mem-
bers shall constitute a quorum, and the regular
meeting night shall be the firot Thursday of the
month.
SPECIAL MEETINGS.
Section fff. A. Special meetings of the Soci-
ety may be called by the President at any time,
but must be called on the written request of ten
or more members.
B. Special meeting of the Executive Commit-
tee may be called by the President at any time,
but must be called on the written request of
seven or more members of the Executive Com-
mittee.
C. At a special meeting of the Society or the
Executive Committee no other business than
that named in the call shall be transact d,
except upon unanimous vote.
los. 171 and 173 South Canal Street,
CHICAGO.
THE
Sterling Company,
FORE-
1. Where the complainant in a suit to fore-
close, assigns his interest to a person not a party
complainant, the bill must be dismissed, unless
the latter takes proper steps to establish his in-
terest on the record.
2. The assignment of a bond and mortgage
without the assignment of the note secured con-
fers no rights on the assignee.
Johnson v. Clark et al., Court of Chancery of
New Jersey, February 24, 1894.
NEGOTIABLE INSTRUMENTS — CHECKS —NOTICE
OF NONPAYMENT.
1. Neither a check or bill of exchange oper-
ates as an assignment pro tanto of the drawer's
funds in the hands of the drawee.
2. An instrument drawn on a bank, directing
the payment to a person named of a specified
sum of money which is on deposit with the
drawee, and naming no date of payment, is a
check.
3. Where a check on itself is sent to a bank
for collection, the bank becomes the agent of the
person sending it, and is liable to the latter for
damage caused by its failure to give notice to
the drawer of nonpayment.
4. A failure to notify the drawer of a check of
nonpayment does not discharge him from liabil-
ity, unless he actually or presumptively suffers
injury therefrom.
5. Where a check i v s sent by the payee to the
bank on which it is drawn for collection, and
the bank immediately fails, a transfer of a credit
for the amount of the check from the drawer to •
the payee by the assignee of the bank does not
constitute payment of the check.
Exchange Bank of Wheeling v. Sutton Bank,
Court of Appeals of Maryland, February 3d,
1894.
TRUSTS — POWER
OF TRUSTEE — PURCHASE-
MONEY MORTGAGE—VALIDITY.
ARTICLE VII.
AMENDMENTS OR CHANGES.
Section I. This Constitution shall not be
amended except by a two-thirds vote of all mem-
bers present at a regular meeting. Proposed
amendments must be submitted in writing to
the Executive Commitee at least ten days before
the annual meeting, and have the signature of
at least three members. The Executive Com-
mittee shall report to the Society all proposed
amendments at the meeting next following the
submission of the same.
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MUSIC TRADE RKVE1W.]
EMPLOYMENT COMMITTEE.
Section III. The Committee on Employment
shall consist of three Trustees, who shall be ap-
pointed by the President, whose duty it shall be
to keep a record of all members out of employ-
ment, and a list of employers having positions
to be filled, and it shall be the special duty of
this Committee to put such members and em-
ployers in communication with one another in
such manner as the Committee shall, determine
to be the most practical use to all parties.
i5
MANUFACTURERS OF
Pianos and Organs,
FACTORY :
1. A purchase-money mortgage given by a
trustee is valid, in the absence of knowledge of
the trust by the mortgagee, though the mort-
gagor is not expressly authorized to incumber
the estate. Wilhelm v. Folmer, 6 Pa. St. 296,
distinguished.
2. Where land is devised to a trustee with
power to sell as he may deem to the best ad-
vantage of testator's children, and " to re-in-
vest " the proceeds in other real estate, the
trustee has the power, on re-investment, to se-
cure the price by mortgage.
Gernet v. Albert, Supreme Court of Pennsyl-
vania, February 26th, 1894.
ASSIGNMENT FOR BENEFIT OF CREDITORS —
WHAT CONSTITUTES.
A conveyance by an insolvent partner to a
trustee of all his property to convert into cash
It is admitted by all thai no piano ever put upon the and pay certain preferred debts, and then to dis-
MR. P. J. HEALY, of Lyon & Healy, and
market has met with such success as THE STERLING tribute residue pro rata among other creditois,
family, will summer at Lake Geneva, Wisconsin.
and thousands will testify to their superiority of work- and with no claim of defeasance therein, is an
C. G. CONN is considering the advisability of
manship and durability. Why ? Because they are made assignment, and not a mortgage, and a clause
sending a collection of his band instruments to just as perfect as a piano can be made.
therein stating that it is intended to operate as
the Antwerp Exhibition. Should he do so their
THE STERLING ORGAN has always taken the lead, and a chattel mortgage and not as an assignment
excellence will undoubtedly attract the atten-
does not change its legal effect.
tion of the old world manufacturers and mu- the improvements made this year puts it far ahead ol
Schneider et al. v. Bagley et al., Court of Civil
all others. JSF" Send for Catalogue.
sicians.
Appeals of Texas, January 17th, 1894.
DERBY, CONN.
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.
B. The duties of the Relief Committee shall
be to visit the sick or disabled members ; and in
case of a death procure positive proof thereof as
soon as possible, and when such is obtained,
issue a certificate to the Financial Secretary for
the Beneficiary.
Type."
SPECIAL COMMITTEES.
Section IV. All business that cannot be re-
ferred to any appropriate Committees, shall be
referred to Special Committees as may be de-
termined by the Executive Committee.
MORTGAGES — ASSIGNMENT
PENDING
CLOSURE—EFFECT.
RUSSELL
(Successors to STARK & STRACK.)
PIANOS
ARTICLE VI.
MEETINGS.
MANUFACTURED BY
Annual Meeting, Executive Committee, and
Special Meetings.
ANNUAL MEETING.
Section I. The Annual Meeting of this Soci-
ety shall be held on the second Wednesday in
the month of June of each year, in the city of
New York.
MEETING OF THE EXECUTIVE COMMITTEE.
Section If. The Executive Committee shall
meet at least once in every month. Seven mem-
bers shall constitute a quorum, and the regular
meeting night shall be the firot Thursday of the
month.
SPECIAL MEETINGS.
Section fff. A. Special meetings of the Soci-
ety may be called by the President at any time,
but must be called on the written request of ten
or more members.
B. Special meeting of the Executive Commit-
tee may be called by the President at any time,
but must be called on the written request of
seven or more members of the Executive Com-
mittee.
C. At a special meeting of the Society or the
Executive Committee no other business than
that named in the call shall be transact d,
except upon unanimous vote.
los. 171 and 173 South Canal Street,
CHICAGO.
THE
Sterling Company,
FORE-
1. Where the complainant in a suit to fore-
close, assigns his interest to a person not a party
complainant, the bill must be dismissed, unless
the latter takes proper steps to establish his in-
terest on the record.
2. The assignment of a bond and mortgage
without the assignment of the note secured con-
fers no rights on the assignee.
Johnson v. Clark et al., Court of Chancery of
New Jersey, February 24, 1894.
NEGOTIABLE INSTRUMENTS — CHECKS —NOTICE
OF NONPAYMENT.
1. Neither a check or bill of exchange oper-
ates as an assignment pro tanto of the drawer's
funds in the hands of the drawee.
2. An instrument drawn on a bank, directing
the payment to a person named of a specified
sum of money which is on deposit with the
drawee, and naming no date of payment, is a
check.
3. Where a check on itself is sent to a bank
for collection, the bank becomes the agent of the
person sending it, and is liable to the latter for
damage caused by its failure to give notice to
the drawer of nonpayment.
4. A failure to notify the drawer of a check of
nonpayment does not discharge him from liabil-
ity, unless he actually or presumptively suffers
injury therefrom.
5. Where a check i v s sent by the payee to the
bank on which it is drawn for collection, and
the bank immediately fails, a transfer of a credit
for the amount of the check from the drawer to •
the payee by the assignee of the bank does not
constitute payment of the check.
Exchange Bank of Wheeling v. Sutton Bank,
Court of Appeals of Maryland, February 3d,
1894.
TRUSTS — POWER
OF TRUSTEE — PURCHASE-
MONEY MORTGAGE—VALIDITY.
ARTICLE VII.
AMENDMENTS OR CHANGES.
Section I. This Constitution shall not be
amended except by a two-thirds vote of all mem-
bers present at a regular meeting. Proposed
amendments must be submitted in writing to
the Executive Commitee at least ten days before
the annual meeting, and have the signature of
at least three members. The Executive Com-
mittee shall report to the Society all proposed
amendments at the meeting next following the
submission of the same.
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MUSIC TRADE RKVE1W.]
EMPLOYMENT COMMITTEE.
Section III. The Committee on Employment
shall consist of three Trustees, who shall be ap-
pointed by the President, whose duty it shall be
to keep a record of all members out of employ-
ment, and a list of employers having positions
to be filled, and it shall be the special duty of
this Committee to put such members and em-
ployers in communication with one another in
such manner as the Committee shall, determine
to be the most practical use to all parties.
i5
MANUFACTURERS OF
Pianos and Organs,
FACTORY :
1. A purchase-money mortgage given by a
trustee is valid, in the absence of knowledge of
the trust by the mortgagee, though the mort-
gagor is not expressly authorized to incumber
the estate. Wilhelm v. Folmer, 6 Pa. St. 296,
distinguished.
2. Where land is devised to a trustee with
power to sell as he may deem to the best ad-
vantage of testator's children, and " to re-in-
vest " the proceeds in other real estate, the
trustee has the power, on re-investment, to se-
cure the price by mortgage.
Gernet v. Albert, Supreme Court of Pennsyl-
vania, February 26th, 1894.
ASSIGNMENT FOR BENEFIT OF CREDITORS —
WHAT CONSTITUTES.
A conveyance by an insolvent partner to a
trustee of all his property to convert into cash
It is admitted by all thai no piano ever put upon the and pay certain preferred debts, and then to dis-
MR. P. J. HEALY, of Lyon & Healy, and
market has met with such success as THE STERLING tribute residue pro rata among other creditois,
family, will summer at Lake Geneva, Wisconsin.
and thousands will testify to their superiority of work- and with no claim of defeasance therein, is an
C. G. CONN is considering the advisability of
manship and durability. Why ? Because they are made assignment, and not a mortgage, and a clause
sending a collection of his band instruments to just as perfect as a piano can be made.
therein stating that it is intended to operate as
the Antwerp Exhibition. Should he do so their
THE STERLING ORGAN has always taken the lead, and a chattel mortgage and not as an assignment
excellence will undoubtedly attract the atten-
does not change its legal effect.
tion of the old world manufacturers and mu- the improvements made this year puts it far ahead ol
Schneider et al. v. Bagley et al., Court of Civil
all others. JSF" Send for Catalogue.
sicians.
Appeals of Texas, January 17th, 1894.
DERBY, CONN.
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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