Music Trade Review
Issue: 1894 Vol. 19 N. 12 - Page 11
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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
Type."
"TRe Hi
[PREPARED fOR THE MUSIC TRADE REVIEW.]
ACTION ON NOTE—RECOUPMENT—COSTS—
APPEAR.
1. The answer in this case, which is based on
a promissory note, admits all that is essential to
a recovery of the full amount claimed, but al-
leges an affirmative defense to a portion thereof,
growing out of a breach of warranty of the prop-
erty for which the note was given. Held, that
the statue of this state fully sustains the answer,
and sanctions the doctrine of recoupment in-
volved therein, when the action is between the
original parties, or those standing in their
place.
2. Plaintiff is charged with a knowledge of
the amount which he was entitled to recover,
and when the subject-matter is within the juris-
diction of a justice court, and is placed beyond
such jurisdiction by claiming more than is due,
the defendant is entitled to costs, under sub-
division 4 of section 5191 Comp. Laws, when the
judgment obtained is less than $50.
3. A judgment will not be disturbed in this
court because the trial court, over the objection
of plaintiff's counsel, allowed counsel for de-
fendant to make the opening and closing argu-
ment to the jury, when, from the record, it
affirmatively appears that no injustice could
have resulted therefrom.
Laney v. Ingalls, Supreme Court of South Da-
kota, April 3, 1894.
RUSSELL
(Successors to STARK & STRACK.)
PIANOS
MANUFACTURED BY
Hos. 171 and 173 South Canal Street,
CHICAGO.
1. The liability of a del credere agent to his
principal for goods sold is that of a surety, only,
and the purchaser is the primary debtor.
The fact that a del credere agent, at times, re-
mitted for goods sold by him before the price be-
came due from the purchaser, does not show
such a course of dealing between him and his
principal as will alter the original relation, and
render the agent primarily liable for goods sold
by him, where the principal instructs him to
make no more remittances before maturity.
Gindre et al. v. Kean, Common Pleas of New
York City and County, Equity Term, March,
1894.
ASSIGNMENT
.
FOR BENEFIT
OF
THE
Sterling Company,
- -- •
CREDITORS—
VALIDITY O F .
A deed of assignment by an insolvent debtor
for the benefit of his creditors which does not on
its face appear to be an assignment of all of his
un exempt property is void on its face as against
his creditors.
Tarbox et al. v. Stevenson et al., Supreme
Court of Minnesota, February 10, 1894.
MANUFACTURERS OF
Pianos and Organs,
FACTORY I
PROMISSORY NOTES—SEVERAL PAYEES—PLEAD-
ING—VARIANCE.
1. Where a note is payable to two persons,
" or either of them, " either may recover thereon,
and it is immaterial whether an assignment to
the suing payee from the other was without con-
sideration, or was made to defraud creditors.
2. Where, in an action on a note, defendant
sets up a complete defense in his pleading, he
cannot in the same action ask judgment over
against a third party on a state of facts at vari-
ance to his answer.
CLAIM AGAINST INSOLVENT COMPANY—LACHES
—NEGLIGENCE OF ATTORNEY.
1. W. subscribed for $2,000,000 of railroad
bonds from a construction company, to be paid
for in instalments, upon call; bonds to be de-
livered upon payment in full. Petitioner agreed
with W. to take $125,000 of the bonds from him
upon same terms. He paid W. one call, of 10
per cent., but neither he nor W. paid any of the
remaining 90 per cent. The construction com-
pany becoming insolvent, defendant was ap-
pointed receiver. The bonds constituted the
principal asset, and were sold by the receiver.
Held that no contractual relation existed be-
tween petitioner and the construction company,
and a claim by him for the 10 per cent, instal-
ment paid by him to W. was properly disallowed
by the receiver.
2. A delay for eight years in appealing from
a receiver's disallowance of a claim, notwith-
standing repeated notices of an order limiting
appeals, is a bar to any relief.
3. A client is bound by his attorney's neglect
to make prompt application for relief.
Lee v. Green, Court of Chancery of New
Jersey, March 12th, 1894.
How Wire is Made.
FACTORS AND BROKERS—DEI/ CREDERE AGENT.
SAME—COURSE OF DEALING TO AFFLICT ORIGI-
NAL CONTRACT.
i5
DERBY, CONN.
It is admitted by all that no piano ever put upon the
market has met with such success as T H E STERLING
and thousands will testify to their superiority of work-
manship and durability. Why ? Because they are 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 of
all others.
HtSTSend lor Catalogue.
Halleti Davis Pianos
5J?HE rod is received by the wire drawer in the
j£) form of a coil, the rod being of varying
section and the coil of a weight depending upon
the purpose for which it is intended. One end
of the rod is pointed and somewhat reduced by
machinery. The coil is then given a bath in
mild acid to remove all oxidation, afterward
washed in lime water to give a drawing surface,
and is finally dried in a proper oven. When
ready for drawing, the pointed rod is inserted in
one of the holes of a drawing plate. This plate
is generally of steel, but some factories use cast
iron. The drawing holes are conical and the rod
is inserted from the larger end. On the other
side of the plate the pointed end is seized by
power pincers and pulled until enough has been
drawn through to allow of its being passed
around and fastened to a drum or reel which is
driven by power. Of course, the rod is reduced
in area and much elongated, and this without
any perceptible loss of metal. While passing
through the plate it is kept lubricated with what
is called wire-drawers' soap or grease. After
being drawn through this first hole it is put
through a series of smaller ones until it has been
brought down to the requisite size. But the
compression and disturbance of the structure of
the rod consequent upon these reductions has
hardened it so much that at certain stages it is
necessary to stop the process and soften the
metal by annealing. After this it is again
washed in acid, etc., and the drawing is re-
sumed. Iron and the harder grades of steel re-
quire five or six annealings while being reduced
to the finer gauges of wire. But the manufacture
of soft steel and the details of rolling it into rods
have been so perfected that soft steel rods can now
be drawn into fence wire without any cleaning or
annealing. After the final drawing the wire is
finished in various ways, depending upon the
purposes for which it is intended.
No matter of what metal the wire may be com-
posed, the same general system of drawing is
used, varying more or less according to the
metal. Including gold, silver, platinum, cop-
per, etc., the commercial sizes of wire run from
% inch to 1-700 inch in diameter.
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.
RECENT LEGAL
DECISIONS.
Type."
"TRe Hi
[PREPARED fOR THE MUSIC TRADE REVIEW.]
ACTION ON NOTE—RECOUPMENT—COSTS—
APPEAR.
1. The answer in this case, which is based on
a promissory note, admits all that is essential to
a recovery of the full amount claimed, but al-
leges an affirmative defense to a portion thereof,
growing out of a breach of warranty of the prop-
erty for which the note was given. Held, that
the statue of this state fully sustains the answer,
and sanctions the doctrine of recoupment in-
volved therein, when the action is between the
original parties, or those standing in their
place.
2. Plaintiff is charged with a knowledge of
the amount which he was entitled to recover,
and when the subject-matter is within the juris-
diction of a justice court, and is placed beyond
such jurisdiction by claiming more than is due,
the defendant is entitled to costs, under sub-
division 4 of section 5191 Comp. Laws, when the
judgment obtained is less than $50.
3. A judgment will not be disturbed in this
court because the trial court, over the objection
of plaintiff's counsel, allowed counsel for de-
fendant to make the opening and closing argu-
ment to the jury, when, from the record, it
affirmatively appears that no injustice could
have resulted therefrom.
Laney v. Ingalls, Supreme Court of South Da-
kota, April 3, 1894.
RUSSELL
(Successors to STARK & STRACK.)
PIANOS
MANUFACTURED BY
Hos. 171 and 173 South Canal Street,
CHICAGO.
1. The liability of a del credere agent to his
principal for goods sold is that of a surety, only,
and the purchaser is the primary debtor.
The fact that a del credere agent, at times, re-
mitted for goods sold by him before the price be-
came due from the purchaser, does not show
such a course of dealing between him and his
principal as will alter the original relation, and
render the agent primarily liable for goods sold
by him, where the principal instructs him to
make no more remittances before maturity.
Gindre et al. v. Kean, Common Pleas of New
York City and County, Equity Term, March,
1894.
ASSIGNMENT
.
FOR BENEFIT
OF
THE
Sterling Company,
- -- •
CREDITORS—
VALIDITY O F .
A deed of assignment by an insolvent debtor
for the benefit of his creditors which does not on
its face appear to be an assignment of all of his
un exempt property is void on its face as against
his creditors.
Tarbox et al. v. Stevenson et al., Supreme
Court of Minnesota, February 10, 1894.
MANUFACTURERS OF
Pianos and Organs,
FACTORY I
PROMISSORY NOTES—SEVERAL PAYEES—PLEAD-
ING—VARIANCE.
1. Where a note is payable to two persons,
" or either of them, " either may recover thereon,
and it is immaterial whether an assignment to
the suing payee from the other was without con-
sideration, or was made to defraud creditors.
2. Where, in an action on a note, defendant
sets up a complete defense in his pleading, he
cannot in the same action ask judgment over
against a third party on a state of facts at vari-
ance to his answer.
CLAIM AGAINST INSOLVENT COMPANY—LACHES
—NEGLIGENCE OF ATTORNEY.
1. W. subscribed for $2,000,000 of railroad
bonds from a construction company, to be paid
for in instalments, upon call; bonds to be de-
livered upon payment in full. Petitioner agreed
with W. to take $125,000 of the bonds from him
upon same terms. He paid W. one call, of 10
per cent., but neither he nor W. paid any of the
remaining 90 per cent. The construction com-
pany becoming insolvent, defendant was ap-
pointed receiver. The bonds constituted the
principal asset, and were sold by the receiver.
Held that no contractual relation existed be-
tween petitioner and the construction company,
and a claim by him for the 10 per cent, instal-
ment paid by him to W. was properly disallowed
by the receiver.
2. A delay for eight years in appealing from
a receiver's disallowance of a claim, notwith-
standing repeated notices of an order limiting
appeals, is a bar to any relief.
3. A client is bound by his attorney's neglect
to make prompt application for relief.
Lee v. Green, Court of Chancery of New
Jersey, March 12th, 1894.
How Wire is Made.
FACTORS AND BROKERS—DEI/ CREDERE AGENT.
SAME—COURSE OF DEALING TO AFFLICT ORIGI-
NAL CONTRACT.
i5
DERBY, CONN.
It is admitted by all that no piano ever put upon the
market has met with such success as T H E STERLING
and thousands will testify to their superiority of work-
manship and durability. Why ? Because they are 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 of
all others.
HtSTSend lor Catalogue.
Halleti Davis Pianos
5J?HE rod is received by the wire drawer in the
j£) form of a coil, the rod being of varying
section and the coil of a weight depending upon
the purpose for which it is intended. One end
of the rod is pointed and somewhat reduced by
machinery. The coil is then given a bath in
mild acid to remove all oxidation, afterward
washed in lime water to give a drawing surface,
and is finally dried in a proper oven. When
ready for drawing, the pointed rod is inserted in
one of the holes of a drawing plate. This plate
is generally of steel, but some factories use cast
iron. The drawing holes are conical and the rod
is inserted from the larger end. On the other
side of the plate the pointed end is seized by
power pincers and pulled until enough has been
drawn through to allow of its being passed
around and fastened to a drum or reel which is
driven by power. Of course, the rod is reduced
in area and much elongated, and this without
any perceptible loss of metal. While passing
through the plate it is kept lubricated with what
is called wire-drawers' soap or grease. After
being drawn through this first hole it is put
through a series of smaller ones until it has been
brought down to the requisite size. But the
compression and disturbance of the structure of
the rod consequent upon these reductions has
hardened it so much that at certain stages it is
necessary to stop the process and soften the
metal by annealing. After this it is again
washed in acid, etc., and the drawing is re-
sumed. Iron and the harder grades of steel re-
quire five or six annealings while being reduced
to the finer gauges of wire. But the manufacture
of soft steel and the details of rolling it into rods
have been so perfected that soft steel rods can now
be drawn into fence wire without any cleaning or
annealing. After the final drawing the wire is
finished in various ways, depending upon the
purposes for which it is intended.
No matter of what metal the wire may be com-
posed, the same general system of drawing is
used, varying more or less according to the
metal. Including gold, silver, platinum, cop-
per, etc., the commercial sizes of wire run from
% inch to 1-700 inch in diameter.
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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