Music Trade Review
Issue: 1894 Vol. 19 N. 15 - Page 11
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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
i5
"TLc Hi$tcsl Type."
[PREPARED FOR THE MUSIC TXADE REVIEW.]
MUNICIPAL BONDS—IMPROVEMENTS.
In the recent case of Aydelott vs. South Louis-
ville the Kentucky Court of Appeals held that
where an act was passed authorizing a town to
issue bonds for the purpose of making certain
improvements, and the act was, prior to the
adoption of the present constitution of Kentucky,
approved by a majority of the voters of the town
at an election held for that purpose, the right to
issue the bonds was not effected by sections 157
and 158 of the constitution limiting the tax rate
and indebtedness of towns and cities, although
the bonds were not issued, or directed by the
trustees to be issued, until after the constitution
was adopted.
DEBT—MORTGAGE—SURETYSHIP.
The Kentucky Court of Appeals held, in the
recent case of Wheat et al. v. McBrayer, that
where one of several mortgagors was bound as
principal for a large part of the mortgage debt,
the other mortgagors being bound merely as his
sureties for that part of the debt, while as to the
remainder of the debt all were join'ly bound as
principals in enforcing the mortgage lien, the
mortgaged land, which was owned jointly by the
mortgagors, should have been divided, it being
susceptible of division so as to promote its sale,
and the interest of the first-named mortgagor
subjected to the payment of that part of the debt
for which he was primarily bound, thus protect-
ing his sureties and at the same time not inter-
fering with the plaintiff's rights, but rather pro-
moting his interest.
: • : # * #
RUSSELL
[SPECIALLY REPORTED FOR THE MUSIC TRADE REVIEW.!
Music leaf turner, No. 527,658, C. P. Brown.
(Successors to STARK & STRACK.)
PIANOS
fios. 171 and 173 South Canal Street,
CHICAGO.
THE Weaver Organ Company are compelled to
work their factory forces eleven hours a day in
order to fill orders on hand.
THE
Sterling Company,
THREE thousand Bradbury pianos sold is the
splendid record made by H. A. Wolff, of Muske-
gon, Mich., since he took the agency some seven
years ago.
THE Estey Organ Company are rapidly ap-
proaching the manufacture of their two hundred
and seventy-five thousandth organ. This in it-
self is a comprehensive tribute to the popularity
of the Estey organs.
• DURING Mr. Geo. C. Crane's recent trip to
Pennsylvania he managed to secure some excel-
lent orders for the Krell piano. He reports busi-
ness in the different cities visited as opening up
splendidly.
BUSINESS with Edward F. Droop, of Washing-
ton, D. C , is such as to enable this popular
house to maintain its old reputation as leader in
the Capitol City. Mr. Droop reports a marked
improvement in all lines of his business.
PARTNERSHIP—SURVIVOR—CONTRIBUTION.
The Supreme Court of Indiana held, in there-
cent case of Harter v. Songer, that where a part-
ner brings an action to set aside the final settle-
ment of his deceased partner's estate, to enable
him to enforce against it a claim in his favor for
a judgment indebtedness of the firm paid by him,
a third partner not shown to have contributed
to the payment of the judgment is not a neces-
sary party; that where judgments have been
taken against partners and the estate of a de-
ceased member of the partnership, the final set-
tlement of the estate in the face of such judg-
ments without paying the estate's ratable pro-
portion thereof, is a violation of the duty of the
administrator, for which the final settlement will
be set aside, and that where a surviving partner
in such case had paid the judgments, or part of
them, he would be entitled to contribution from
the estate.
Reed organ, No. 527.467, J. W. Trainer.
Piano, No. 527,533, McChesney & Kunze.
Piano action, No. 527 399, L. A. Barber.
Piano action, No. 527,485. T. T. Fischer.
Practice piano, No. 527,504, W. O. Nisley.
MANUFACTURED BY
LIFE INSURANCE—AGENT—APPLICATION.
The Supreme Court of Indiana held, in the re-
cent case of the Michigan Mutual Life Insurance
Company vs. Leon, that where an applicant for
life insurance, in good faith, gives truthful an-
swers to such questions as are asked him, but
the agent, whether purposely or otherwise, but
without the knowledge or connivance ot the as-
sured, inserts false answers in the application,
the wrong is that of the company, and it will be
estopped from attributing the wrong to the as-
sured, and that where such agent is a general
agent, without a superior in the State, the as-
sured may assume that the application and pol-
icy were properly prepared, and he is under no
obligation when he gets his policy to make a
diligent reading of it to ascertain whether the
agent had perpetrated a fraud upon his principal.
Musical instrument, No. 527,675, E Enriquez.
Wind reed musical instrument, No. 527,742,
P. J Devault.
PROFESSOR BOTT, of No. 334 West 37th street,
created a lively scene in Assistant District At-
torney McManus's office recently over the loss of
a Stradivarius violin worth, he says, $9,000,
which was stolen from him March 17th last after
he had negotiated to sell it to Sig. Nicolinl,
' .
,
•
FACTORY:
Mme. Patti's husband. He accused four men,
DERBY, CONN.
all prominent dealers in musical instruments, of
It Is admitted by all that no piano ever put upon the stealing it. The grand jury refused to indict.
market has met with such success as THE STERLING Bott denounced the grand jury and the district
attorney's office as being in the pay of Tammany
and thouiands will testify to their superiority of work-
Hall.— World.
MANUFACTURERS OF
Pianos and Organs,
manship and durability. Why ? Because they are made
just as perfect as a piano can be made.
THE STERLING ORGAN has always taken the lead, and
the improvements made this year puts it far ahead oi
all others. VW Send for Catalogue.
Hallet £ Davis Pianos
THE Indicator says : There are two or three
applicants for the position as manager of the
Mason & Hamlin Company's Chicago branch
house that will be vacant January 1st by the re-
signation of Chas. A. Hyde.
GRAND, SQUARE AND UPRIGHT.
Indorsed by Liszt, Gottschalk, Wehli, Bendel, Straus, Soro, Abt,
Paulus, Titiens, Heilbron and Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.
THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
i5
"TLc Hi$tcsl Type."
[PREPARED FOR THE MUSIC TXADE REVIEW.]
MUNICIPAL BONDS—IMPROVEMENTS.
In the recent case of Aydelott vs. South Louis-
ville the Kentucky Court of Appeals held that
where an act was passed authorizing a town to
issue bonds for the purpose of making certain
improvements, and the act was, prior to the
adoption of the present constitution of Kentucky,
approved by a majority of the voters of the town
at an election held for that purpose, the right to
issue the bonds was not effected by sections 157
and 158 of the constitution limiting the tax rate
and indebtedness of towns and cities, although
the bonds were not issued, or directed by the
trustees to be issued, until after the constitution
was adopted.
DEBT—MORTGAGE—SURETYSHIP.
The Kentucky Court of Appeals held, in the
recent case of Wheat et al. v. McBrayer, that
where one of several mortgagors was bound as
principal for a large part of the mortgage debt,
the other mortgagors being bound merely as his
sureties for that part of the debt, while as to the
remainder of the debt all were join'ly bound as
principals in enforcing the mortgage lien, the
mortgaged land, which was owned jointly by the
mortgagors, should have been divided, it being
susceptible of division so as to promote its sale,
and the interest of the first-named mortgagor
subjected to the payment of that part of the debt
for which he was primarily bound, thus protect-
ing his sureties and at the same time not inter-
fering with the plaintiff's rights, but rather pro-
moting his interest.
: • : # * #
RUSSELL
[SPECIALLY REPORTED FOR THE MUSIC TRADE REVIEW.!
Music leaf turner, No. 527,658, C. P. Brown.
(Successors to STARK & STRACK.)
PIANOS
fios. 171 and 173 South Canal Street,
CHICAGO.
THE Weaver Organ Company are compelled to
work their factory forces eleven hours a day in
order to fill orders on hand.
THE
Sterling Company,
THREE thousand Bradbury pianos sold is the
splendid record made by H. A. Wolff, of Muske-
gon, Mich., since he took the agency some seven
years ago.
THE Estey Organ Company are rapidly ap-
proaching the manufacture of their two hundred
and seventy-five thousandth organ. This in it-
self is a comprehensive tribute to the popularity
of the Estey organs.
• DURING Mr. Geo. C. Crane's recent trip to
Pennsylvania he managed to secure some excel-
lent orders for the Krell piano. He reports busi-
ness in the different cities visited as opening up
splendidly.
BUSINESS with Edward F. Droop, of Washing-
ton, D. C , is such as to enable this popular
house to maintain its old reputation as leader in
the Capitol City. Mr. Droop reports a marked
improvement in all lines of his business.
PARTNERSHIP—SURVIVOR—CONTRIBUTION.
The Supreme Court of Indiana held, in there-
cent case of Harter v. Songer, that where a part-
ner brings an action to set aside the final settle-
ment of his deceased partner's estate, to enable
him to enforce against it a claim in his favor for
a judgment indebtedness of the firm paid by him,
a third partner not shown to have contributed
to the payment of the judgment is not a neces-
sary party; that where judgments have been
taken against partners and the estate of a de-
ceased member of the partnership, the final set-
tlement of the estate in the face of such judg-
ments without paying the estate's ratable pro-
portion thereof, is a violation of the duty of the
administrator, for which the final settlement will
be set aside, and that where a surviving partner
in such case had paid the judgments, or part of
them, he would be entitled to contribution from
the estate.
Reed organ, No. 527.467, J. W. Trainer.
Piano, No. 527,533, McChesney & Kunze.
Piano action, No. 527 399, L. A. Barber.
Piano action, No. 527,485. T. T. Fischer.
Practice piano, No. 527,504, W. O. Nisley.
MANUFACTURED BY
LIFE INSURANCE—AGENT—APPLICATION.
The Supreme Court of Indiana held, in the re-
cent case of the Michigan Mutual Life Insurance
Company vs. Leon, that where an applicant for
life insurance, in good faith, gives truthful an-
swers to such questions as are asked him, but
the agent, whether purposely or otherwise, but
without the knowledge or connivance ot the as-
sured, inserts false answers in the application,
the wrong is that of the company, and it will be
estopped from attributing the wrong to the as-
sured, and that where such agent is a general
agent, without a superior in the State, the as-
sured may assume that the application and pol-
icy were properly prepared, and he is under no
obligation when he gets his policy to make a
diligent reading of it to ascertain whether the
agent had perpetrated a fraud upon his principal.
Musical instrument, No. 527,675, E Enriquez.
Wind reed musical instrument, No. 527,742,
P. J Devault.
PROFESSOR BOTT, of No. 334 West 37th street,
created a lively scene in Assistant District At-
torney McManus's office recently over the loss of
a Stradivarius violin worth, he says, $9,000,
which was stolen from him March 17th last after
he had negotiated to sell it to Sig. Nicolinl,
' .
,
•
FACTORY:
Mme. Patti's husband. He accused four men,
DERBY, CONN.
all prominent dealers in musical instruments, of
It Is admitted by all that no piano ever put upon the stealing it. The grand jury refused to indict.
market has met with such success as THE STERLING Bott denounced the grand jury and the district
attorney's office as being in the pay of Tammany
and thouiands will testify to their superiority of work-
Hall.— World.
MANUFACTURERS OF
Pianos and Organs,
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 oi
all others. VW Send for Catalogue.
Hallet £ Davis Pianos
THE Indicator says : There are two or three
applicants for the position as manager of the
Mason & Hamlin Company's Chicago branch
house that will be vacant January 1st by the re-
signation of Chas. A. Hyde.
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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