Music Trade Review
Issue: 1894 Vol. 19 N. 1 - Page 11
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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
" I V Hi$tcsl Type."
[PREPARED FOR THE MUSIC TRADE REVRIW.]
PLEADING AND PROOF—ANSWER—REPLEVIN—
DEFENSES.
1. Under Rev. St. 1894, \ 357, providing that
several defendants may answer jointly or sever-
ally, as the facts set forth in the complaint may
require, each defendant may make his own de-
fense, and sustain it by whatever proof he can
produce.
2. In replevin by the seller of goods, after
notes given in payment therefor, and secured by
mortgage thereon, have become overdue, de-
fendant, as a defence, under the general denial,
may show payment in part, and damages from
breach of warranty.
C. Aultman & Co. v. Forgy et al., Appellate
Court of Indiana, March 27th, 1894.
PARTNERSHIP — RETIREMENT OF MEMBER—
NOTICE—HEARSAY—REVIEW ON APPEAL.
1. Where one sued as a member of a firm
seeks to avoid liability on the ground of retire-
ment from the firm before tbe indebtedness, he
cannot show notice to plaintiff by testimony of
a witness that the dissolution was generally
known.
2. Where a decedent's representatives have
introduced a witness on the subject of trans-
actions with decedent, he may be cross-ex-
amined as to the entire matter.
3. Where a partnership is a secret one, and
no public notice of its dissolution is given, spe-
cial notice of the dissolution must be given one
who has had dealings with the firm theretofore,
in order to relieve the retiring partner on subse-
quent dealings with the concern with which he
is connected.
4. A statement to a clerk by a person buying
for a firm that he thought one of the partners
had sold out is not notice to the employer of the
clerk.
5. Though the court instructed that notice to
a clerk of the retirement of a member from a
firm with which his employer was dealing,
would not be notice to the employer, complaint
cannot be made that instruction was not given
as to the effect of notice to a business manager,
such instruction not having been asked for.
6. Objection to the form of a judgment not
having been submitted to the trial court cannot
be considered on appeal.
Brown v. Foster et al., Supreme Court of
South Carolina, March 20th, 1894.
SET-OFF—WHEN
ALLOWED—REVIEW
PEAL.
ON AP-
1. It is not error to refuse to allow, as a set-
off to a claim against a debtor, notes which the
debtor held only for collection.
2. A debtor cannot set-off a judgment which
was annulled on appeal.
3. The disallowance of a claim by a commis-
sioner t whose report is confirmed by the court,
will not be disturbed, where the evidence is con-
flicting.
Magarity v. Moore et al., Supreme Court of
Appeals of Virginia, March 8th, 1894.
A Music=Loving Dog.
RUSSELL
(Successors to STARK & STRACK.)
PIANOS
GENERAL ASSUMPSIT—WHEN MAINTAINABLE.
Where partners agree, under seal, to dissolve,
and that one of them shall have all the debts
due the firm, he may maintain general assump-
sit against the others for a debt due from them
to the firm.
Beede*v. Frazer et al., Supreme Court of Ver-
mont, Orange, March 10th, 1894.
i5
MANUFACTURED BY
Nos. 171 and 173 South Canal Street,
CHICAGO.
have most acute ears in detecting
differences in the quality of sound,"
said a musician yesterday. " I have at home a
large Newfoundland which is a great lover of
music. No matter in what portion of the house
he may be, he always comes to me when I begin
to play, lying close to the piano. I have an old
organ. It is one of those instruments with
many stops and but few qualities. I think I
have been able, after much endeavor, to distin-
guish two different qualities of tone in all of the
long rows of stops, but my dog made it apparent
to me that my ears were not as acute as his. I
play for variety upon the organ, notwithstand-
ing its being antiquated, and my dog seems to
enjoy this as much as the piano, all except one
stop. Whenever I pull that stop out he rises to
his feet suddenly and commences to bark and
growl at me in the most vicious manner, some-
times biting at the organ. Now, to my ear, that
sound makes no difference in the sound of the
organ. I have tried hard to detect the distinc-
tive quality which aggravates the dog's nature,
but without success. I have tried to fool the
old fellow by commencing a tune upon one stop
and suddenly pulling out the obnoxious one.
He never fails to detect this, though the sound
to me is just the same.—Pittsburg Dispatch.
A Musical Legend of the Chinese.
THE
Sj^HE CHINESE have some extraordinary
-€> superstitions relating to music. Accord-
ing to their queer notions, the Creator of the
universe hid eight sounds in the earth for the
express purpose of compelling man to find them
out. On the same principle, it is presumed,
Jupiter, according to Virgil, hides fire in flints
and honey in trees in order to whet the ardor of
man's industry to persevere in his effords to re-
discover the hidden treasures.
According to the Celestial idea, the eight
primitive sounds are hidden in stones, silks,
woods of various kinds, the bamboo plant,
pumpkins, in the skins of animals, in certain
earths and in the air itself. Anyone who has
ever had the pleasure (?) of seeing and listening
to a Chinese orchestra will remember that their
musical instruments were made of all these
MANUFACTURERS OF
materials except the last, and that the combined
efforts of the other seven seemed better calcul-
ated to drive the ethereal sound away than to
coax it from the air, which is really the object
of all Chinese musical efforts. When the band
FACTORY :
plays, the naive credulity of the people, both
old and young, hears in the thuds of the gongs
DERBY, CONN.
and the whistling of llie pipes the tones of the
It is admitted by all that no piano ever put upon the
eternal sounds of nature that were originally
market has met with such success as THE STERLING deposited in the various animate and inanimate
and thousands will testify to their superiority of work- objects by the all-wise Father.
Sterling Company,
Pianos and Organs,
manship and durability. Why ? Because they arc made
just as perfect as a piano can be made.
THE STERLING ORGAN has always taken the lead, and
the improvements made this year puts it far ahead oi
all others. B2T Send for Catalogue.
Hallet & Davis Pianos
MR. J. T. STEWART is now connected with the
reed organ department of the Farrand & Votey
Co. He will act as roadman in the States of
Iowa and Nebraska.
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottschalk, Wehli, Bendel, Straus, Soro, Abt,
Paulus, Titiens, Heilbron and Germany's Greatest Masters-
Established over HaJf a Century.
BOSTON, MASS.
THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
" I V Hi$tcsl Type."
[PREPARED FOR THE MUSIC TRADE REVRIW.]
PLEADING AND PROOF—ANSWER—REPLEVIN—
DEFENSES.
1. Under Rev. St. 1894, \ 357, providing that
several defendants may answer jointly or sever-
ally, as the facts set forth in the complaint may
require, each defendant may make his own de-
fense, and sustain it by whatever proof he can
produce.
2. In replevin by the seller of goods, after
notes given in payment therefor, and secured by
mortgage thereon, have become overdue, de-
fendant, as a defence, under the general denial,
may show payment in part, and damages from
breach of warranty.
C. Aultman & Co. v. Forgy et al., Appellate
Court of Indiana, March 27th, 1894.
PARTNERSHIP — RETIREMENT OF MEMBER—
NOTICE—HEARSAY—REVIEW ON APPEAL.
1. Where one sued as a member of a firm
seeks to avoid liability on the ground of retire-
ment from the firm before tbe indebtedness, he
cannot show notice to plaintiff by testimony of
a witness that the dissolution was generally
known.
2. Where a decedent's representatives have
introduced a witness on the subject of trans-
actions with decedent, he may be cross-ex-
amined as to the entire matter.
3. Where a partnership is a secret one, and
no public notice of its dissolution is given, spe-
cial notice of the dissolution must be given one
who has had dealings with the firm theretofore,
in order to relieve the retiring partner on subse-
quent dealings with the concern with which he
is connected.
4. A statement to a clerk by a person buying
for a firm that he thought one of the partners
had sold out is not notice to the employer of the
clerk.
5. Though the court instructed that notice to
a clerk of the retirement of a member from a
firm with which his employer was dealing,
would not be notice to the employer, complaint
cannot be made that instruction was not given
as to the effect of notice to a business manager,
such instruction not having been asked for.
6. Objection to the form of a judgment not
having been submitted to the trial court cannot
be considered on appeal.
Brown v. Foster et al., Supreme Court of
South Carolina, March 20th, 1894.
SET-OFF—WHEN
ALLOWED—REVIEW
PEAL.
ON AP-
1. It is not error to refuse to allow, as a set-
off to a claim against a debtor, notes which the
debtor held only for collection.
2. A debtor cannot set-off a judgment which
was annulled on appeal.
3. The disallowance of a claim by a commis-
sioner t whose report is confirmed by the court,
will not be disturbed, where the evidence is con-
flicting.
Magarity v. Moore et al., Supreme Court of
Appeals of Virginia, March 8th, 1894.
A Music=Loving Dog.
RUSSELL
(Successors to STARK & STRACK.)
PIANOS
GENERAL ASSUMPSIT—WHEN MAINTAINABLE.
Where partners agree, under seal, to dissolve,
and that one of them shall have all the debts
due the firm, he may maintain general assump-
sit against the others for a debt due from them
to the firm.
Beede*v. Frazer et al., Supreme Court of Ver-
mont, Orange, March 10th, 1894.
i5
MANUFACTURED BY
Nos. 171 and 173 South Canal Street,
CHICAGO.
have most acute ears in detecting
differences in the quality of sound,"
said a musician yesterday. " I have at home a
large Newfoundland which is a great lover of
music. No matter in what portion of the house
he may be, he always comes to me when I begin
to play, lying close to the piano. I have an old
organ. It is one of those instruments with
many stops and but few qualities. I think I
have been able, after much endeavor, to distin-
guish two different qualities of tone in all of the
long rows of stops, but my dog made it apparent
to me that my ears were not as acute as his. I
play for variety upon the organ, notwithstand-
ing its being antiquated, and my dog seems to
enjoy this as much as the piano, all except one
stop. Whenever I pull that stop out he rises to
his feet suddenly and commences to bark and
growl at me in the most vicious manner, some-
times biting at the organ. Now, to my ear, that
sound makes no difference in the sound of the
organ. I have tried hard to detect the distinc-
tive quality which aggravates the dog's nature,
but without success. I have tried to fool the
old fellow by commencing a tune upon one stop
and suddenly pulling out the obnoxious one.
He never fails to detect this, though the sound
to me is just the same.—Pittsburg Dispatch.
A Musical Legend of the Chinese.
THE
Sj^HE CHINESE have some extraordinary
-€> superstitions relating to music. Accord-
ing to their queer notions, the Creator of the
universe hid eight sounds in the earth for the
express purpose of compelling man to find them
out. On the same principle, it is presumed,
Jupiter, according to Virgil, hides fire in flints
and honey in trees in order to whet the ardor of
man's industry to persevere in his effords to re-
discover the hidden treasures.
According to the Celestial idea, the eight
primitive sounds are hidden in stones, silks,
woods of various kinds, the bamboo plant,
pumpkins, in the skins of animals, in certain
earths and in the air itself. Anyone who has
ever had the pleasure (?) of seeing and listening
to a Chinese orchestra will remember that their
musical instruments were made of all these
MANUFACTURERS OF
materials except the last, and that the combined
efforts of the other seven seemed better calcul-
ated to drive the ethereal sound away than to
coax it from the air, which is really the object
of all Chinese musical efforts. When the band
FACTORY :
plays, the naive credulity of the people, both
old and young, hears in the thuds of the gongs
DERBY, CONN.
and the whistling of llie pipes the tones of the
It is admitted by all that no piano ever put upon the
eternal sounds of nature that were originally
market has met with such success as THE STERLING deposited in the various animate and inanimate
and thousands will testify to their superiority of work- objects by the all-wise Father.
Sterling Company,
Pianos and Organs,
manship and durability. Why ? Because they arc made
just as perfect as a piano can be made.
THE STERLING ORGAN has always taken the lead, and
the improvements made this year puts it far ahead oi
all others. B2T Send for Catalogue.
Hallet & Davis Pianos
MR. J. T. STEWART is now connected with the
reed organ department of the Farrand & Votey
Co. He will act as roadman in the States of
Iowa and Nebraska.
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottschalk, Wehli, Bendel, Straus, Soro, Abt,
Paulus, Titiens, Heilbron and Germany's Greatest Masters-
Established over HaJf a Century.
BOSTON, MASS.
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