Music Trade Review
Issue: 1894 Vol. 18 N. 47 - Page 59
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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
"TK Type."
[PREPARED FOR THE MUSIC TRADE REVEIW.]
FORECLOSURE
OF MORTGAGE—FINDING —EVI-
DENCE TO SUPPORT.
In a suit to foreclose a mortgage it appeared
O. took from the mortgagor a part of the equity
and a cash sum in exchange for land. Held,
that the evidence failed to show that O. assumed
any of the mortgage debt as part of the pur-
chase price for the interest in the equity.
Offutt v. Cooper et al., Supreme Court of In-
diana, January 30th, 1894.
EXECUTION—LEVY ON PARTNER'S INTEREST—
JUDGMENT LIEN—PRIORITIES.
1. A judgment creditor of a partner cannot
take in execution any specific article of the
partnership property, but must levy on the in-
terest of the partner in the entire assets.
2. Where a creditor contracted to pay the
operating expenses of his debtor's saw-mill, and
the cost of timber, and then to apply the profits
to the payment of the debt, such cieditor had a
lien on the products of the mill superior to the
rights of judgment creditors of the debtor.
Blumenfeld et al. v. Seward et al., Supreme
Court of Mississippi, January 1st, 1894.
VOLUNTARY PAYMENTS—RECOVERY.
Where one, with knowledge of all the facts,
makes a contract, and for three years makes
payments thereunder, he cannot recover the
sums paid, on the ground that he was entitled
to what he received without payment.
Stcck v. Northern Colorado Irr. Co., Court of
Appeals of Colorado, February 12th, 1894.
* *
RUSSELL
PIANOS
MANUFACTURED BY
Kos. 171 and 173 South Canal Street,
CHICAGO.
FRAUDULENT CONVEYANCES—HUSBAND AND
WIFE.
THE
Where a wife, who has placed money for use in
her husband's hands, joins him in buying and
selling land, on the idea that it is her money
that is being used, and buys a lot in her own
name on which are erected improvements, the
taking of title by her is not in fraud of a creditor
of her husband, who becomes such after the im-
provements are made.
Meyers et ux. v. White, Court of Appeals of
Kentucky, January 30th, 1894.
Sterling Company,
LIMITATION—RUNNING OF STATUTE.
After the petition has been filed, the statute
of limitations does not continue to run on a
cause of action, against a corporation, which ac-
crued before it was placed in a receiver's hands,
though the receiver was improperly joined as a
defendant, and though, by mistake, process was
served on him instead of on the corporation.
4?
(Successors to STARK & STRACK.)
MANUFACTURERS OF
Pianos and Organs,
FACTORY :
DERBY, CONN.
It is admitted by all that no piano ever put upon the
market has met with such success as THE STERLING
and thouiands will testify to their superiority of work-
manship and durability. Why ? Because they arc made
just as perfect as a piano can be made.
The marriage market in Massachusetts is not
in a satisfactory condition, as will be found
from the following particulars: "Father, I
should like to see you in the library on a mat-
ter of business." "Very well, Viola—come
along. Now, then, what is it ?"' " Father, you
are aware that James Noodenhammer has been
paying me his attentions for the last year ? "
" Yes, and I have felt like kicking him ! The
idea of a Noodenhammer daring to aspire to the
hand of a Grafton ! " " He has asked me to be
his wife." "The scoundrel! Why, I'll kick
him." "And I have almost promised," she
placidly continued. " W h a t ! What! My
daughter marry a Noodenhammer working for
$15 a week ? Never ! Go to your room, while
I seek this base adven
"
" Father, I want to talk business with you, "
she interrupted. " A s you are aware, this is
the State of Massachusetts. Have you seen the
vital statistics of the State for the last year ? "
1
' No; of course not. The idea of that Jim
Noodenhammer skulking round here after
my
" " Wait! According to the statistics
this State has 871,240 more females than males.
There are 226,890 more marriageable girls than
can find husbands, to say nothing of 182,321
widows anxious for a Number Two. The num-
ber of young men in the State earning over $15,
a week, and in the market, is only 22,107.
There are camped on the trail of these young
men exactly 220,000 young women and 150,000
widows. Three out of every five children born-
are girls. Death removes two young men to
one married man or old bachelor.''
The old man turned pale and grasped a chair
for support, and after a pause she continued :
" From June to October over 80,000 marriage-
able young women visit our watering places,
and it is estimated that 31,442 of them catch
husbands, thus further reducing the chances of
the resident. Father, take this pencil and
figure on your Viola's chances of catching an-
other man if she lets James Noodenhammer
canter away. " " Great Scot! " he gasped, after
figuring for a moment. "Why, your chances
are only one in 21,875,947! " "Just as I fig-
ured it out myself. What shall I say to him
this evening ? " " Say ! Say ! Why, tell him
you'll have him and be mighty glad of the
chance, and don't let him draw a long breath
before you add that the ceremony can take place
right after breakfast to-morrow morning, and
that I'm to give you a wedding present of $1,000
in cash ! ''
f Pianoforte action, No. 520,667, T. Cahill.
THE STERLING ORGAN has always taken the lead, and
Piano stringing machine, No. 520,595, F. W.
IT is said that D. H. Baldwin & Co., Cincin-
the
improvements made this year puts it far ahead ol
Hedgeland.
nati, O., will establish a permanent agency at
all others- IW Send for Catalogue.
Kalamazoo, Mich.
Guitar, zither, No. 520,651, F. Menzenhauer.
Davis Pianos
GRAND, SQUARE AND UPRIGHT.
Indorsed^ by Liszt, Gottschalk, Wehli, Bendel, Straus, Soro, Abt,
Paulu^, Titiens, Heilbron and Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.
THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
"TK Type."
[PREPARED FOR THE MUSIC TRADE REVEIW.]
FORECLOSURE
OF MORTGAGE—FINDING —EVI-
DENCE TO SUPPORT.
In a suit to foreclose a mortgage it appeared
O. took from the mortgagor a part of the equity
and a cash sum in exchange for land. Held,
that the evidence failed to show that O. assumed
any of the mortgage debt as part of the pur-
chase price for the interest in the equity.
Offutt v. Cooper et al., Supreme Court of In-
diana, January 30th, 1894.
EXECUTION—LEVY ON PARTNER'S INTEREST—
JUDGMENT LIEN—PRIORITIES.
1. A judgment creditor of a partner cannot
take in execution any specific article of the
partnership property, but must levy on the in-
terest of the partner in the entire assets.
2. Where a creditor contracted to pay the
operating expenses of his debtor's saw-mill, and
the cost of timber, and then to apply the profits
to the payment of the debt, such cieditor had a
lien on the products of the mill superior to the
rights of judgment creditors of the debtor.
Blumenfeld et al. v. Seward et al., Supreme
Court of Mississippi, January 1st, 1894.
VOLUNTARY PAYMENTS—RECOVERY.
Where one, with knowledge of all the facts,
makes a contract, and for three years makes
payments thereunder, he cannot recover the
sums paid, on the ground that he was entitled
to what he received without payment.
Stcck v. Northern Colorado Irr. Co., Court of
Appeals of Colorado, February 12th, 1894.
* *
RUSSELL
PIANOS
MANUFACTURED BY
Kos. 171 and 173 South Canal Street,
CHICAGO.
FRAUDULENT CONVEYANCES—HUSBAND AND
WIFE.
THE
Where a wife, who has placed money for use in
her husband's hands, joins him in buying and
selling land, on the idea that it is her money
that is being used, and buys a lot in her own
name on which are erected improvements, the
taking of title by her is not in fraud of a creditor
of her husband, who becomes such after the im-
provements are made.
Meyers et ux. v. White, Court of Appeals of
Kentucky, January 30th, 1894.
Sterling Company,
LIMITATION—RUNNING OF STATUTE.
After the petition has been filed, the statute
of limitations does not continue to run on a
cause of action, against a corporation, which ac-
crued before it was placed in a receiver's hands,
though the receiver was improperly joined as a
defendant, and though, by mistake, process was
served on him instead of on the corporation.
4?
(Successors to STARK & STRACK.)
MANUFACTURERS OF
Pianos and Organs,
FACTORY :
DERBY, CONN.
It is admitted by all that no piano ever put upon the
market has met with such success as THE STERLING
and thouiands will testify to their superiority of work-
manship and durability. Why ? Because they arc made
just as perfect as a piano can be made.
The marriage market in Massachusetts is not
in a satisfactory condition, as will be found
from the following particulars: "Father, I
should like to see you in the library on a mat-
ter of business." "Very well, Viola—come
along. Now, then, what is it ?"' " Father, you
are aware that James Noodenhammer has been
paying me his attentions for the last year ? "
" Yes, and I have felt like kicking him ! The
idea of a Noodenhammer daring to aspire to the
hand of a Grafton ! " " He has asked me to be
his wife." "The scoundrel! Why, I'll kick
him." "And I have almost promised," she
placidly continued. " W h a t ! What! My
daughter marry a Noodenhammer working for
$15 a week ? Never ! Go to your room, while
I seek this base adven
"
" Father, I want to talk business with you, "
she interrupted. " A s you are aware, this is
the State of Massachusetts. Have you seen the
vital statistics of the State for the last year ? "
1
' No; of course not. The idea of that Jim
Noodenhammer skulking round here after
my
" " Wait! According to the statistics
this State has 871,240 more females than males.
There are 226,890 more marriageable girls than
can find husbands, to say nothing of 182,321
widows anxious for a Number Two. The num-
ber of young men in the State earning over $15,
a week, and in the market, is only 22,107.
There are camped on the trail of these young
men exactly 220,000 young women and 150,000
widows. Three out of every five children born-
are girls. Death removes two young men to
one married man or old bachelor.''
The old man turned pale and grasped a chair
for support, and after a pause she continued :
" From June to October over 80,000 marriage-
able young women visit our watering places,
and it is estimated that 31,442 of them catch
husbands, thus further reducing the chances of
the resident. Father, take this pencil and
figure on your Viola's chances of catching an-
other man if she lets James Noodenhammer
canter away. " " Great Scot! " he gasped, after
figuring for a moment. "Why, your chances
are only one in 21,875,947! " "Just as I fig-
ured it out myself. What shall I say to him
this evening ? " " Say ! Say ! Why, tell him
you'll have him and be mighty glad of the
chance, and don't let him draw a long breath
before you add that the ceremony can take place
right after breakfast to-morrow morning, and
that I'm to give you a wedding present of $1,000
in cash ! ''
f Pianoforte action, No. 520,667, T. Cahill.
THE STERLING ORGAN has always taken the lead, and
Piano stringing machine, No. 520,595, F. W.
IT is said that D. H. Baldwin & Co., Cincin-
the
improvements made this year puts it far ahead ol
Hedgeland.
nati, O., will establish a permanent agency at
all others- IW Send for Catalogue.
Kalamazoo, Mich.
Guitar, zither, No. 520,651, F. Menzenhauer.
Davis Pianos
GRAND, SQUARE AND UPRIGHT.
Indorsed^ by Liszt, Gottschalk, Wehli, Bendel, Straus, Soro, Abt,
Paulu^, Titiens, Heilbron and Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.
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