Music Trade Review

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THE MUSIC TRADE REVIEW.
musical instruments, as compared with
1893. There was an immense reduction in
OF SALE UNDER MORTGAGE
JURISDICTION
these respects during the last half of 1893,
OF COURT TO DETERMINE.
but since that time the demand has steadily
[PREPARED FOR THE MUSIC TRADE REVIEW.]
increased.
The total sales for 1893 were
1. A mortgage of land to plaintiff's intest-
CONTRIBUTION BETWEKN SURETIES
PARTIES
given
as
amounting
to $7,500,000, while
ate contained the following power: " I n
FRAUDULENT CONVEYANCES
PLEADINGS —
those
for
the
year
just
closed, other than
trust, * * * H., his heirs, executors and
DESCRIPTION OK PREMISES.
the
products
manufactured,
are estimated
1. Where a suit in equity is brought by administrators and assigns, * * * are here- at $6,000,000. while the output from the
one or more sureties against their co- by authorized and empowered to sell all the factories is placed at $7,000,000. Prices,
sureties to compel contribution, and a tract property hereby mortgaged," etc. At the however, averaged about" 10 percent, less
of land is sought to be sold as the property time the mortgage was made, H. had no in- than in 1892 and 1893. The capital em-
of one of said co-sureties which is claimed terest in the estate nor in the debt. Held, ployed is about $4,500,000, while the num-
to be the wife of said co-surety as having that he had merely a naked power, which ber of hands engaged were about 2,500, or
been purchased and paid for by her, although on his death did not pass to his legal repre- 500 more than in 1893. The sales of sheet
the title remains in her vendor, it is error sentatives.
2. The fact that H. subsequently be- music and music books aggregated $600,-
to decree a sale of said tract of land so
000.— Chicago 7 itncs.
claimed by said wife without making said came assignee of the mortgage did not en-
large his rights with regard to selling the
vendor a party in the suit.
The Jewett Piano Company.
2. In a suit of this character, when the property, since, the power not having been
bill alleges the insolvency of a co-surety, conferred on the mortgagee, H., by merely
J. WooDiiUKv, of the Jewett Piano
who is dead, and such allegation is not de- succeeding to the mortgagee's rights, could
Company, Leominster, Mass.,during
not
obtain
a
power
which
the
latter
never
nied, but admitted, the heirs at law of such
his
trip
through Connecticut last week estab-
had.
dead co-surety are not necessary parties to
lished
new
agencies in two important cities
3.
The
designation
of
H.'s
executors
in
the suit.
in
that
vState.
While business has been
such
mortgages
as
"executors"
is
not
a
3. Where mention of land sought to be
quiet
since
the
first of the year with the
naming,
within
Code,
art.
56,
$6,
providing
subjected, as the property of said co-surety
Jewett
Piano
Company,
the prospects for
that
"in
all
mortgages
there
may
be
in-
as fraudulently conveyed to his wife gives
Spring
trade
are
very
bright.
serted
a
clause
authorizing
the
mortgagee
or
no description or clue of identity except
the naming of the county in which it lies, any person named therein to sell the mort-
and there is nothing in the proceedings gaged premises," such as will authorize the
THE Journeymen Piano Makers of Bos-
that renders 'it more certain, it is too indefi- executors the power.
ton held a meeting last week at the Wells
nite to authorize any legal proceedings to
Memorial Building. The contract system
subject the same.
was discussed and a resolution denouncing 1
flusical Instrument Industry.
Holsberry et al. v. Poling etal., Supreme
it was passed. A mass meeting will be
Court of appeals of West Virginia, Novem-
There was a vast improvement in the vol- held within very few days to discuss the
ber 1 ith, 1893.
ume of production and sales of all kinds of subject.
RECENT LEGAL
DECISIONS.
POWER
UNDER
TRUSTEE
TRUST
EFFECT
MORTGAGE
RES JUDICATA
DEATH
OF
POWERS
F
STAflPS!
FOR FIFTEEN CENTS
WORTH OF EM .
The Keynote is Home."
.
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