Music Trade Review
Issue: 1894 Vol. 19 N. 4 - Page 11
Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
i5
THE MUSIC TRADE REVIEW.
Famous In "Song and
Story "
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
An Ideal Summer Trip to Virginia.
ASSIGNMENT FOR BENEFIT OF CREDITORS —
CHATTEL MORTGAGE.
An insolvent debtor mortgaged his stock of
goods to certain creditors, then immediately
gave a second mortgage on the same goods to
certain other creditors, and assigned all his ac-
counts to a third set of creditors. Held, that
these transactions did not constitute a general
assignment for the benefit of creditors.
Walker et al. v. Rossetal., Supreme Court
of Illinois, April 2d, 1894.
FRAUDULENT JUDGMENT—EQUITABLE RELIEF—
LACHES—COLLATERAL ATTACK.
1. Where a bill to enjoin the collection of a
judgment obtained by fraud is not brought until
a year after the discovery of the fraud, and does
not show that complainant has a meritorious
defense to the action, but does show that he left
the State, leaving the action pending, with no
one looking after it, and made no inquiries con-
cerning it for ten years, a demurrer will be sus-
tained.
2. Where a judgment has been rendered
through the unauthorized appearance and con-
sent of an attorney, the proper remedy is by
petition to stay proceedings on the judgment
asking that it be opened up, and that petitioner
be permitted to defend, and not by a collateral
action asking to have the judgment perpetually
enjoined.
Hollinger v. Reeme et al., Supreme Court of
Indiana, April 3d, 1894.
FRAUDULENT CONVEYANCE—ACTION TO SET
ASIDE—PLEADING.
1. In an action to set aside as fraudulent a
deed made by a judgment debtor, a complaint
which alleges that at the time of the conveyance,
and of bringing suit, the debtor had no other
property subject to execution, need not also
allege that the property conveyed was subject to
execution, since, if it were exempt, that is mat-
ter of defense.
2. Where the complaint alleges that the con-
veyance was voluntary, and given and accepted
with intent to defraud the grantor's creditors,
the omission to show want of consideration is
not fatal to recovery, since the deed, on the
other allegations of the complaint, would be
fraudulent, even though there were a valuable
consideration.
Slagel v. Hoover et al., Supreme Court of In-
diana, March 30th, 1894.
RUSSELL
(Successors to STARK & STRACK.)
PIANOS
MANUFACTURED BY
fios. 171 and 173 South Canal Street,
CHICAGO.
THE
Sterling Company,
f$CO the business man who hasn't the time or
~£> cash to go to Europe, and who wishes to
forget for a brief period the cares and worries of
business, the tariff bill, hard times, and other
"ills that flesh is heir to " in this mundane
sphere, there are few more enjoyable trips than
a journey to historic Virginia—the " Mother of
Presidents."
A sea trip of twenty-four hours by the " Old
Dominion Line "—the steamships of which, by
the way, are provided with all modern appli-
ances for the comfort of passengers, both as to
table and service—brings you to Old Point Com-
fort or Norfolk, and well within easy reach of
many celebrated spots famous in "song and
story.'' If you are fortunate enough to go by
that splendid boat the " Roanoke " you will
come in contact with as cheery and agreeable a
'' son of the sea '' as you would wish to meet
in the person of Captain Hulphers, who, with the
genial purser, Mr. Meyer, will help beguile the
passing hours by adding to your store of knowl-
edge.
From Old Point Comfort to Norfolk the
course traversed is an historic one—made
memorable by the Monitor-Merrimac conflict,
and from Norfolk it is only a few minutes' run
to " beautiful Virginia Beach," a resort which
compares favorably with any North or South.
If one gets weary of feasting on
"The sea, the sea, the open sea,"
up in the mountains are celebrated resorts
which for health and comfort are perhaps unex-
celled. Here can be found mineral springs,
whose waters are well-known and prized for
their hygienic qualities. In this section, in-
deed, nature has been generous, and everywhere
are manifest such natural beauties that the
temptation to become enthusiastic in praise is
excusable. It is truly an ideal place to obtain
rest and strength. Hunting and fishing abound
in plenty, and a visit to this favored region by
the " Old Dominion Line " is one which will
impress itself very pleasantly in memory's
archives.
Plating Aluminium.
f
HE new German method of coating alumin-
ium with other metals is regarded as of
decided mechanical industrial value. The pro-
MANUFACTURERS OF
cess consists simply in dipping the aluminium
FRAUDULENT
CONVEYANCES — LACHES
OF
in a solution of caustic potash or soda or of
hydrochloric acid until bubbles of gas make
CREDITORS—ACCOUNTING BY TRANSFEREE.
their appearance on its surface, at which stage
Debtors assigned their property to C. for the
it is dipped into a solution of corrosive sublimate
purpose of paying creditors, and on a former ap-
FACTORY :
to amalgamate its surface. After a second dip-
peal it was found that the transfer hindered and
ping into caustic potash until bubbles of gas are
delajed creditors, and was void as to them, but
DERBY, CONN.
evolved the metal is placed in a solution of salt
that because they, with a knowledge of all the
It is admitted by all that no piano ever put upon the of the desired metal. A film of the latter is
facts, delayed for several years to assert their
rights, C. would be required to account to them market has met with such success as THE STERLING rapidly formed and is so firmly adherent that in
only for the interest of the debtors in the prop- and thousands will testify to their superiority of work- the case of gold, silver and copper the plate can
erty. Held, that in an accounting, C. was manship and durability. Why ? Because they are made be rolled out or polished, the appearance being
of a most satisfactory character. When coating
properly charged only with what he had actu- just as perfect as a piano can be made.
ally received for the property, and not with its
THE STERLING ORGAN has always taken the lead, and with gold or copper, it is an advantage first to
estimated value.
the improvements made this year puts it far ahead oi apply a layer of silver, and thus treated the
aluminium may be soldered with ordinary zinc
Cutcheon et al. v. Corbitt et al., Supreme *11 others. Jt^~Ser.d for Catalogue.
solder.
Court of Michigan, April 6th, 1894.
Pianos and Organs,
Hallet £ Davis Pianos
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.
i5
THE MUSIC TRADE REVIEW.
Famous In "Song and
Story "
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
An Ideal Summer Trip to Virginia.
ASSIGNMENT FOR BENEFIT OF CREDITORS —
CHATTEL MORTGAGE.
An insolvent debtor mortgaged his stock of
goods to certain creditors, then immediately
gave a second mortgage on the same goods to
certain other creditors, and assigned all his ac-
counts to a third set of creditors. Held, that
these transactions did not constitute a general
assignment for the benefit of creditors.
Walker et al. v. Rossetal., Supreme Court
of Illinois, April 2d, 1894.
FRAUDULENT JUDGMENT—EQUITABLE RELIEF—
LACHES—COLLATERAL ATTACK.
1. Where a bill to enjoin the collection of a
judgment obtained by fraud is not brought until
a year after the discovery of the fraud, and does
not show that complainant has a meritorious
defense to the action, but does show that he left
the State, leaving the action pending, with no
one looking after it, and made no inquiries con-
cerning it for ten years, a demurrer will be sus-
tained.
2. Where a judgment has been rendered
through the unauthorized appearance and con-
sent of an attorney, the proper remedy is by
petition to stay proceedings on the judgment
asking that it be opened up, and that petitioner
be permitted to defend, and not by a collateral
action asking to have the judgment perpetually
enjoined.
Hollinger v. Reeme et al., Supreme Court of
Indiana, April 3d, 1894.
FRAUDULENT CONVEYANCE—ACTION TO SET
ASIDE—PLEADING.
1. In an action to set aside as fraudulent a
deed made by a judgment debtor, a complaint
which alleges that at the time of the conveyance,
and of bringing suit, the debtor had no other
property subject to execution, need not also
allege that the property conveyed was subject to
execution, since, if it were exempt, that is mat-
ter of defense.
2. Where the complaint alleges that the con-
veyance was voluntary, and given and accepted
with intent to defraud the grantor's creditors,
the omission to show want of consideration is
not fatal to recovery, since the deed, on the
other allegations of the complaint, would be
fraudulent, even though there were a valuable
consideration.
Slagel v. Hoover et al., Supreme Court of In-
diana, March 30th, 1894.
RUSSELL
(Successors to STARK & STRACK.)
PIANOS
MANUFACTURED BY
fios. 171 and 173 South Canal Street,
CHICAGO.
THE
Sterling Company,
f$CO the business man who hasn't the time or
~£> cash to go to Europe, and who wishes to
forget for a brief period the cares and worries of
business, the tariff bill, hard times, and other
"ills that flesh is heir to " in this mundane
sphere, there are few more enjoyable trips than
a journey to historic Virginia—the " Mother of
Presidents."
A sea trip of twenty-four hours by the " Old
Dominion Line "—the steamships of which, by
the way, are provided with all modern appli-
ances for the comfort of passengers, both as to
table and service—brings you to Old Point Com-
fort or Norfolk, and well within easy reach of
many celebrated spots famous in "song and
story.'' If you are fortunate enough to go by
that splendid boat the " Roanoke " you will
come in contact with as cheery and agreeable a
'' son of the sea '' as you would wish to meet
in the person of Captain Hulphers, who, with the
genial purser, Mr. Meyer, will help beguile the
passing hours by adding to your store of knowl-
edge.
From Old Point Comfort to Norfolk the
course traversed is an historic one—made
memorable by the Monitor-Merrimac conflict,
and from Norfolk it is only a few minutes' run
to " beautiful Virginia Beach," a resort which
compares favorably with any North or South.
If one gets weary of feasting on
"The sea, the sea, the open sea,"
up in the mountains are celebrated resorts
which for health and comfort are perhaps unex-
celled. Here can be found mineral springs,
whose waters are well-known and prized for
their hygienic qualities. In this section, in-
deed, nature has been generous, and everywhere
are manifest such natural beauties that the
temptation to become enthusiastic in praise is
excusable. It is truly an ideal place to obtain
rest and strength. Hunting and fishing abound
in plenty, and a visit to this favored region by
the " Old Dominion Line " is one which will
impress itself very pleasantly in memory's
archives.
Plating Aluminium.
f
HE new German method of coating alumin-
ium with other metals is regarded as of
decided mechanical industrial value. The pro-
MANUFACTURERS OF
cess consists simply in dipping the aluminium
FRAUDULENT
CONVEYANCES — LACHES
OF
in a solution of caustic potash or soda or of
hydrochloric acid until bubbles of gas make
CREDITORS—ACCOUNTING BY TRANSFEREE.
their appearance on its surface, at which stage
Debtors assigned their property to C. for the
it is dipped into a solution of corrosive sublimate
purpose of paying creditors, and on a former ap-
FACTORY :
to amalgamate its surface. After a second dip-
peal it was found that the transfer hindered and
ping into caustic potash until bubbles of gas are
delajed creditors, and was void as to them, but
DERBY, CONN.
evolved the metal is placed in a solution of salt
that because they, with a knowledge of all the
It is admitted by all that no piano ever put upon the of the desired metal. A film of the latter is
facts, delayed for several years to assert their
rights, C. would be required to account to them market has met with such success as THE STERLING rapidly formed and is so firmly adherent that in
only for the interest of the debtors in the prop- and thousands will testify to their superiority of work- the case of gold, silver and copper the plate can
erty. Held, that in an accounting, C. was manship and durability. Why ? Because they are made be rolled out or polished, the appearance being
of a most satisfactory character. When coating
properly charged only with what he had actu- just as perfect as a piano can be made.
ally received for the property, and not with its
THE STERLING ORGAN has always taken the lead, and with gold or copper, it is an advantage first to
estimated value.
the improvements made this year puts it far ahead oi apply a layer of silver, and thus treated the
aluminium may be soldered with ordinary zinc
Cutcheon et al. v. Corbitt et al., Supreme *11 others. Jt^~Ser.d for Catalogue.
solder.
Court of Michigan, April 6th, 1894.
Pianos and Organs,
Hallet £ Davis Pianos
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.
Future scanning projects are planned by the International Arcade Museum Library (IAML).