Music Trade Review
Issue: 1894 Vol. 19 N. 2 - Page 11
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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
"Tkc Hi
i5
Type."
[PREPARED FOR THE MUSIC TRADE REVEIW.]
MONEY LENDER—AGENT—USURY.
According to the decision of the Supreme
Court of Minnesota, in the case of Hall vs. Maud-
lin et al., where a money lender entrusts the
entire management of his business to a general
agent with unlimited authority to conduct it
according to his own discretion, and with the
understanding that he shall obtain the compen-
sation for his services as agent from the borrow-
ers in the form of " bonus " or "commission, "
if the agent exacts from a borrower a " bonus "
or "commission " which, together with the in-
terest reserved in the contract, amounts to more
than the maximum rate of interest allowed by
law, the transaction is usurious.
BANK—DEPOSIT—INDORSEMENT.
The Supreme Court of Minnesota held, in the
recent case of The Security Bank of Minnesota
vs. The Northwestern Fuel Company, that upon
a deposit being made by a customer of a bank,
in the ordinary course of business, of checks,
drafts or other negotiable paper, received and
credited on his accounts as money, the title to
the checks, drafts or other paper immediately
becomes the property of the bank, unless a differ-
ent understanding affirmatively appears, and
that an indorsement by the customer of a check,
payable to his own order, '' for deposit in the
(name of the bank) to the credit of (the name of
the depositor) '' is sufficient to pass the title to
the check to the bank, and is not a restrictive
or qualified indorsement.
PARTNERSHIP—JUDGMENT—SEPARATE ESTATES.
The question was lately raised in Boyer's
Appeal, decided by the Supreme Court of Penn-
sylvania, whether a person having a judgment
against a partnership and also a separate judg-
ment against the individual partners for the
same debt was entitled to a dividend on each of
the respective estates. The court held that he
had, and that the fact that the debtor who
assigned and the owner of the collateral were
the same person or persons made no difference.
It was the right to resort to two funds which
gave the creditor his separate claims on each.
The court further held that the date at which
the claims were to be taken in calculating their
amount was the date of the assignment; that
to allow a claim in full for stock converted
wrongfully before the assignment was error, and
that the measure of damages for converted stock
was the market value of the stocks at the time
of conversion.
JUDGMENT — LIEN AS AGAINST CONDITIONAL
SALE.
RUSSELL
(Successors to STARK & STRACK.)
PIANOS
MANUFACTURED BY
Nos. 171 and 173 South Canal Street,
CHICAGO.
THE
.
Sterling Company,
Hills : " Who is that overdressed, common-
place looking woman by the piano ? "
Hulls : " My boy, you mustn't allude to her
in that way. That's Mrs. Van Gilt of New
York. She created a great sensation last winter
by inviting Brayne, the musical genius, to her
house, and making him eat with the servants.
He didn't like it, of course, but it tickled her
guests to death."
Father (to editor) : " I should like you to
give my son a chance in your office."
Editor : '' What can the boy do ? "
Father : >f Well, at first he couldn't do any-
thing more than edit your paper and take gen*
eral charge of the printing department, but later"
on, when he learns sense, he'll be handy to have 1
to wash windows, keep lamp chimneys cledti
and sift cinders.''
It is a delicate proceeding to tell a woman
that you do not like the music she makes, but
in case of necessity the thing can be done.
A gentleman with a sensitive and cultivated
ear was greatly annoyed by the persistent and
wretched piano playing of a woman who occu-
pied the flat above his.
One day he met her in the hall, accompanied
by her little three-year-old daughter.
" Your little daughter plays qtiite well for a
child of her age," he remarked, in his most
friendly manner. '' I hear her practising every
day."
She (poetically): '' With this golden bright
sky, the sighing of the balmy zephyrs, and the
far vista across the foamy waves, one can't but
dream they are in sweetest Italy."
He: " Good idea. Suppose we have maca-
roni for dinner ! ''
" Crown " Pianos and
Organs.
MANUFACTURERS OF
Pianos and Organs,
The record of a contract of conditional sale of
FACTORY :
personalty delivered to the purchaser, the in-
strument being attested by one witness, but no
DERBY, CONK.
probate being made to prepare it for record, is
It is admitted by all that no piano ever put upon the
without effect, and a judgment against the con-
ditional purchaser afterwards rendered, even market has met with such success as THE STERLING
upon an antecedent debt, will bind the property ; and thousands will testify to their superiority of work-
nor will a recission of such contract of sale by
manship and durability. Why ? Because they are made
the parties thereto, after the judgment lien at- just as perfect as a piano can be made.
tached, affect the lien. Code, g 1955a ; Cohen
THE STERLING ORGAN has always taken the lead, and
v. Candler, 7 S. E. 160, 79 Ga. 427.
the improvements made this year puts it far ahead oi
Denick v. Pierce, Supreme Court of Georgia,
all others. IST Send for Catalogue.
April 2d, 1894.
Halleti Davis Pianos
A thing of beauty and a joy forever,
Harmony's royal throne ;
Quickly responsive to the player's touch,
In sweet melodious tone.
The " Crown " piano and organ, too,
Give cheer to the soul of man
And satisfies his eye and ear,
As no other instrument can.
Unequalled they stand, pre-eminently best,
In the world of music and art;
Richly adding to the beauties of home,
Giving joy to the human heart.
If, having these pleasures,
Is your honest intent;
Buy a piano or organ
OfGeo. P. Bent.
GRAND, SQUARE AND UPRICHT.
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.
"Tkc Hi
i5
Type."
[PREPARED FOR THE MUSIC TRADE REVEIW.]
MONEY LENDER—AGENT—USURY.
According to the decision of the Supreme
Court of Minnesota, in the case of Hall vs. Maud-
lin et al., where a money lender entrusts the
entire management of his business to a general
agent with unlimited authority to conduct it
according to his own discretion, and with the
understanding that he shall obtain the compen-
sation for his services as agent from the borrow-
ers in the form of " bonus " or "commission, "
if the agent exacts from a borrower a " bonus "
or "commission " which, together with the in-
terest reserved in the contract, amounts to more
than the maximum rate of interest allowed by
law, the transaction is usurious.
BANK—DEPOSIT—INDORSEMENT.
The Supreme Court of Minnesota held, in the
recent case of The Security Bank of Minnesota
vs. The Northwestern Fuel Company, that upon
a deposit being made by a customer of a bank,
in the ordinary course of business, of checks,
drafts or other negotiable paper, received and
credited on his accounts as money, the title to
the checks, drafts or other paper immediately
becomes the property of the bank, unless a differ-
ent understanding affirmatively appears, and
that an indorsement by the customer of a check,
payable to his own order, '' for deposit in the
(name of the bank) to the credit of (the name of
the depositor) '' is sufficient to pass the title to
the check to the bank, and is not a restrictive
or qualified indorsement.
PARTNERSHIP—JUDGMENT—SEPARATE ESTATES.
The question was lately raised in Boyer's
Appeal, decided by the Supreme Court of Penn-
sylvania, whether a person having a judgment
against a partnership and also a separate judg-
ment against the individual partners for the
same debt was entitled to a dividend on each of
the respective estates. The court held that he
had, and that the fact that the debtor who
assigned and the owner of the collateral were
the same person or persons made no difference.
It was the right to resort to two funds which
gave the creditor his separate claims on each.
The court further held that the date at which
the claims were to be taken in calculating their
amount was the date of the assignment; that
to allow a claim in full for stock converted
wrongfully before the assignment was error, and
that the measure of damages for converted stock
was the market value of the stocks at the time
of conversion.
JUDGMENT — LIEN AS AGAINST CONDITIONAL
SALE.
RUSSELL
(Successors to STARK & STRACK.)
PIANOS
MANUFACTURED BY
Nos. 171 and 173 South Canal Street,
CHICAGO.
THE
.
Sterling Company,
Hills : " Who is that overdressed, common-
place looking woman by the piano ? "
Hulls : " My boy, you mustn't allude to her
in that way. That's Mrs. Van Gilt of New
York. She created a great sensation last winter
by inviting Brayne, the musical genius, to her
house, and making him eat with the servants.
He didn't like it, of course, but it tickled her
guests to death."
Father (to editor) : " I should like you to
give my son a chance in your office."
Editor : '' What can the boy do ? "
Father : >f Well, at first he couldn't do any-
thing more than edit your paper and take gen*
eral charge of the printing department, but later"
on, when he learns sense, he'll be handy to have 1
to wash windows, keep lamp chimneys cledti
and sift cinders.''
It is a delicate proceeding to tell a woman
that you do not like the music she makes, but
in case of necessity the thing can be done.
A gentleman with a sensitive and cultivated
ear was greatly annoyed by the persistent and
wretched piano playing of a woman who occu-
pied the flat above his.
One day he met her in the hall, accompanied
by her little three-year-old daughter.
" Your little daughter plays qtiite well for a
child of her age," he remarked, in his most
friendly manner. '' I hear her practising every
day."
She (poetically): '' With this golden bright
sky, the sighing of the balmy zephyrs, and the
far vista across the foamy waves, one can't but
dream they are in sweetest Italy."
He: " Good idea. Suppose we have maca-
roni for dinner ! ''
" Crown " Pianos and
Organs.
MANUFACTURERS OF
Pianos and Organs,
The record of a contract of conditional sale of
FACTORY :
personalty delivered to the purchaser, the in-
strument being attested by one witness, but no
DERBY, CONK.
probate being made to prepare it for record, is
It is admitted by all that no piano ever put upon the
without effect, and a judgment against the con-
ditional purchaser afterwards rendered, even market has met with such success as THE STERLING
upon an antecedent debt, will bind the property ; and thousands will testify to their superiority of work-
nor will a recission of such contract of sale by
manship and durability. Why ? Because they are made
the parties thereto, after the judgment lien at- just as perfect as a piano can be made.
tached, affect the lien. Code, g 1955a ; Cohen
THE STERLING ORGAN has always taken the lead, and
v. Candler, 7 S. E. 160, 79 Ga. 427.
the improvements made this year puts it far ahead oi
Denick v. Pierce, Supreme Court of Georgia,
all others. IST Send for Catalogue.
April 2d, 1894.
Halleti Davis Pianos
A thing of beauty and a joy forever,
Harmony's royal throne ;
Quickly responsive to the player's touch,
In sweet melodious tone.
The " Crown " piano and organ, too,
Give cheer to the soul of man
And satisfies his eye and ear,
As no other instrument can.
Unequalled they stand, pre-eminently best,
In the world of music and art;
Richly adding to the beauties of home,
Giving joy to the human heart.
If, having these pleasures,
Is your honest intent;
Buy a piano or organ
OfGeo. P. Bent.
GRAND, SQUARE AND UPRICHT.
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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