Music Trade Review
Issue: 1895 Vol. 20 N. 11 - Page 12
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i6
THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
cashier of a bank under an agreement
that it shall be invested by the bank in
bonds and stocks, the bank is liable for
the return of the money, no investment
having been made, though the agreement
for its investment by the bank was ultra
vires (L'Herbette vs. Pittsfield Nat. Bank,
Mass., 38 N. E. Rep., 368).
[PKEPAKELi FOR THE MITSIC! TKADE BEVIEW.J
PARTNERSHIP
DISSOLUTION
ATTACHMENT.
Where a writ of attachment was issued
against two defendants as partners, on
the motion of one of them to dissolve
the attachment, the Supreme Court of
Minnesota held (Rosenberg et al. vs.
Burnstein et al.) that it was no ground for
dissolving the same, that the property
levied on was his undivided property; that
he was not a partner with the other, and
never contracted and did not owe the debt,
but that evidence of these facts was ma-
terial to show that he was not responsible
for the fraudulent acts and intent of the
other defendant, which was made one of
the grounds of the attachment; that an
order dissolving the attachment would not
be reversed where the affidavits used on the
motion were conflicting, unless the pre-
ponderence of evidence was clearly opposed
to the decision of the court below, and that
where, on such a motion, the counter affi-
davits clearly and specifically stated a suf-
ficient badge of fraud, the same was not
overcome or contradicted by the general
statements in the moving affidavit denying
fraud.
Kl-X'OVKKY
Where money
OK DKI'DMT,
is deposited
with
the
STAflPS!
PRINCIPAL
AND
AdKN'T
SA1.K.
The Supreme Court of Georgia held, in
the case of Pitcher et al. vs. Lowe,
that where an agent, in behalf of his prin-
cipal, sold goods to another at a specified
price, the sale being conditioned upon the
principal's having goods in stock when the
order reached him (the goods, in case the
order was accepted, to be shipped when re-
quested by the buyer), and the principal,
upon receiving the order, which was signed
by the agent, sent a letter to the buyer ac-
knowledging its receipt, and, without stat-
ing that the goods w r ere not in stock, asking
for references as to the buyer's financial
standing, which the latter, in a letter recog-
nizing the validity of the order, gave, and
thereafter the principal, by his conduct, al-
lowed the buyer to believe that his financial
references were satisfactory, and that the
order was duly accepted, and to act upon
that belief, the buyer had the right to treat
the contract of sale as complete, to insist
upon its fulfillment, and to recover dam-
ages for a breach of the same, ilthough in
point of fact the goods in question were not
in stock at the time the order was received,
as above stated.
I OKI- K;N
CORPORATION- —-SKRVICK
CONTRACT.
The Supreme Court of Louisiana held,
in the recent case of Gravely vs. South-
ern Ice Machine Co., that any service
which would be sufficient as against a do-
mestic corporation may be authorized by the
statute of a state to commence an action
against a foreign or non-resident corpora-
tion; that it ma) T accordingly be made upon
the president of a foreign corporation during
the time he may be temporarily abiding
within the jurisdiction of the court when
the suit is brought; that a judgment to be
rendered in an action thus commenced
against a foreign corporation will be valid,
and can be enforced against any property
at any time found within the State, and
that a party having undertaken on behalf
of a foreign corporation to effect sale of an
ice machine and accompanying parapher-
nalia to persons domiciled in the State for
a designated and fixed commission on the
amount of the sale effected, payable when
the plant should be turned over to the pur-
chaser and settled for at a given date, was
entitled to payment of such commissions at
that rate, notwithstanding litigation arose
between the contending parties with refer-
ence to the vendor's fulfillment of its con-
tract, which operated a delay in settlement
between them.
FOR FIFTEEN CENTS
WORTH OF 'EM
.
"The Keynote is Home."
.
YOU CAN GET A COPY OF
•THE KEYNOTE-
WHICH CONTAINS; ASIDE FROM
A Magnificent Literary, Musical and Dramatic Department,
'.
Yearly
Subscription
A MUSICAL SUPPLEMENT
WORTH ONE DOLLAR.
$1.50 =
77R
All the News of Musicians, Special
Foreign Correspondence, and . •
fl LOT OP MIGHTY INTERESTING MUTTER.
BETTER SEND FOR A SAMPLE COPY, HADN'T YOU?
EDWARD LYMAN BILL, Publisher,
'•
3
• • : ' • • ' • •
EAST FOURTEENTH STREET,
"•
NEW VORK.
£':
i6
THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
cashier of a bank under an agreement
that it shall be invested by the bank in
bonds and stocks, the bank is liable for
the return of the money, no investment
having been made, though the agreement
for its investment by the bank was ultra
vires (L'Herbette vs. Pittsfield Nat. Bank,
Mass., 38 N. E. Rep., 368).
[PKEPAKELi FOR THE MITSIC! TKADE BEVIEW.J
PARTNERSHIP
DISSOLUTION
ATTACHMENT.
Where a writ of attachment was issued
against two defendants as partners, on
the motion of one of them to dissolve
the attachment, the Supreme Court of
Minnesota held (Rosenberg et al. vs.
Burnstein et al.) that it was no ground for
dissolving the same, that the property
levied on was his undivided property; that
he was not a partner with the other, and
never contracted and did not owe the debt,
but that evidence of these facts was ma-
terial to show that he was not responsible
for the fraudulent acts and intent of the
other defendant, which was made one of
the grounds of the attachment; that an
order dissolving the attachment would not
be reversed where the affidavits used on the
motion were conflicting, unless the pre-
ponderence of evidence was clearly opposed
to the decision of the court below, and that
where, on such a motion, the counter affi-
davits clearly and specifically stated a suf-
ficient badge of fraud, the same was not
overcome or contradicted by the general
statements in the moving affidavit denying
fraud.
Kl-X'OVKKY
Where money
OK DKI'DMT,
is deposited
with
the
STAflPS!
PRINCIPAL
AND
AdKN'T
SA1.K.
The Supreme Court of Georgia held, in
the case of Pitcher et al. vs. Lowe,
that where an agent, in behalf of his prin-
cipal, sold goods to another at a specified
price, the sale being conditioned upon the
principal's having goods in stock when the
order reached him (the goods, in case the
order was accepted, to be shipped when re-
quested by the buyer), and the principal,
upon receiving the order, which was signed
by the agent, sent a letter to the buyer ac-
knowledging its receipt, and, without stat-
ing that the goods w r ere not in stock, asking
for references as to the buyer's financial
standing, which the latter, in a letter recog-
nizing the validity of the order, gave, and
thereafter the principal, by his conduct, al-
lowed the buyer to believe that his financial
references were satisfactory, and that the
order was duly accepted, and to act upon
that belief, the buyer had the right to treat
the contract of sale as complete, to insist
upon its fulfillment, and to recover dam-
ages for a breach of the same, ilthough in
point of fact the goods in question were not
in stock at the time the order was received,
as above stated.
I OKI- K;N
CORPORATION- —-SKRVICK
CONTRACT.
The Supreme Court of Louisiana held,
in the recent case of Gravely vs. South-
ern Ice Machine Co., that any service
which would be sufficient as against a do-
mestic corporation may be authorized by the
statute of a state to commence an action
against a foreign or non-resident corpora-
tion; that it ma) T accordingly be made upon
the president of a foreign corporation during
the time he may be temporarily abiding
within the jurisdiction of the court when
the suit is brought; that a judgment to be
rendered in an action thus commenced
against a foreign corporation will be valid,
and can be enforced against any property
at any time found within the State, and
that a party having undertaken on behalf
of a foreign corporation to effect sale of an
ice machine and accompanying parapher-
nalia to persons domiciled in the State for
a designated and fixed commission on the
amount of the sale effected, payable when
the plant should be turned over to the pur-
chaser and settled for at a given date, was
entitled to payment of such commissions at
that rate, notwithstanding litigation arose
between the contending parties with refer-
ence to the vendor's fulfillment of its con-
tract, which operated a delay in settlement
between them.
FOR FIFTEEN CENTS
WORTH OF 'EM
.
"The Keynote is Home."
.
YOU CAN GET A COPY OF
•THE KEYNOTE-
WHICH CONTAINS; ASIDE FROM
A Magnificent Literary, Musical and Dramatic Department,
'.
Yearly
Subscription
A MUSICAL SUPPLEMENT
WORTH ONE DOLLAR.
$1.50 =
77R
All the News of Musicians, Special
Foreign Correspondence, and . •
fl LOT OP MIGHTY INTERESTING MUTTER.
BETTER SEND FOR A SAMPLE COPY, HADN'T YOU?
EDWARD LYMAN BILL, Publisher,
'•
3
• • : ' • • ' • •
EAST FOURTEENTH STREET,
"•
NEW VORK.
£':
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