Music Trade Review
Issue: 1895 Vol. 20 N. 8 - Page 12
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THE MUSIC TRADE REVIEW.
i6
affidavit, so as to change his ground and
retry his cause.
Jaffray et al. vs. Wolfe et al., Supreme
Court of Oklahoma, July 20, 1893.
RECENT LEGAL
DECISIONS.
[PBEPABED FOR THE MUSIC TBADE REVIEW.]
ATTACHMENT—GROUNDS — PREFERENTIAL
NOTES—BONA FIDE PURCHASERS—NOTICE
MORTGAGE. — i. Comp. St. Neb. c. 6, §29, TO PRESIDENT OF BANK. — 1. The fact that
avoids, as against creditors, assignments
preferring one debt or class of debts, re-
quiring releases or compromises, reserving
interests to the assignor before payment of
the debts, conferring any special powers on
the assignee, or unaccompanied by inven-
tory. Held, that this section did not
change the debtor's common-law liberty to
mortgage all his goods to certain creditors,
if their debts be large enough to be ade-
quate consideration, and this though im-
mediate possession be given ; nor can other
creditors allege such a mortgage for a
ground of attachment, as fraudulently in-
tended to hinder them.
2. Defendants in attachment having of-
fered to confess judgment for the debt, the
court rendered judgment therefor, and also
sustained the attachment proceedings.
Held that, his attention being called to the
matter, he could, in his discretion, set aside
the judgment as to the attachment, and let
the rest stand.
3. When the right of attachment under
one section of the statute has been fully
determined against plaintiff, he cannot be
allowed to amend his complaint and
STAflPS!
the maker of a note told the president of a
bank, at the office of a company of which
they were both directors, that a certain note
had been obtained from him by fraud, will
not be held notice to the bank, where it
afterwards discounts the note.
2. The fact that when a bank discounted
a note, payable a year after date, it had but
a month or more to run, has no bearing on
the question of bona fides of the purchase.
Washington Nat. Bank vs. Pierce, Su-
preme Court of Washington, June 7. 1893.
EXECUTION — PROPERTY SUBJECT TO—
TITLE OF PROPERTY IN CREDITOR AS SE-
CURITY—RECEIVERS.—A judgment creditor
whose debt is secured by an absolute con-
veyance ot land, he having made a bond to
reconvey, has no right to levy his fi. fa.
upon the land, or to cause the sale of it,
until he has made and filed a deed recon-
veying to his debtor. Nor, before doing
this, has he any right to deprive the debtor
of possession, and have the property put in
the hands of a receiver, merely becaiise the
debt remains unpaid, the debtor has be-
come insolvent, and his wife threatens to
claim the land. After a proper levy is
made, should a sale be hindered or delayed
by a frivolous claim interposed by the wife,
the creditor's right to equitable relief may
then be different.
Mackenzie et al. vs. Howard, Supreme
Court of Georgia, Nov. 27, 1893.
CORPORATIONS—ASSUMPTION OF DEBTS OF
PROMOTERS.—Where the promoter of a cor-
poration is indebted to plaintiff for procur-
ing a bonus for the corporation, the latter,
on its organization, on accepting the bonus
with knowledge of the claim for services,
assumes the indebtedness also.
Weatherford, M. W. &. N. W. R. Co. vs.
Granger, Court of Civil Appeals of Texas,
Sept. 27, 1893.
CONTRACTS—CONSIDERATION— MODIFICA-
TION.—February 1st plaintiff agreed to
deliver defendant so much wood, at an
agreed price per cord, by Apiil 1st; plaintiff
not to be responsible for the railroad's fail-
ure to supply cars, nor for delays beyond
human control. No cars were furnished
until April 10th or nth. March 28 plaintiff
wrote to defendant that, in view of the
wages he had then to pay, he must ask for
a better price for the wood. Defendant
answered that he would pay him a certain
advanced price per cord, and requested him
to hurry his shipments. Held, that the
modification of the contract was not with-
out consideration.
Foley vs. Storrie, Civil Court of Appeals
of Texas, Oct. 4, 1893.
FOR FIFTEEN CENT5
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
$1.50 -
-
77R
A MUSICAL SUPPLEMENT
WORTH ONE DOLLAR.
All the News of Musicians, Special
Foreign Correspondence, and . .
II LOT OP MIGHTY INTERESTING MATTER.
BETTER SEND FOR A SAMPLE COPY, HADN'T YOU?
EDWARD LYMAN BILL, Publisher,
3 EAST FOURTEENTH STREET, NEW YORK.
THE MUSIC TRADE REVIEW.
i6
affidavit, so as to change his ground and
retry his cause.
Jaffray et al. vs. Wolfe et al., Supreme
Court of Oklahoma, July 20, 1893.
RECENT LEGAL
DECISIONS.
[PBEPABED FOR THE MUSIC TBADE REVIEW.]
ATTACHMENT—GROUNDS — PREFERENTIAL
NOTES—BONA FIDE PURCHASERS—NOTICE
MORTGAGE. — i. Comp. St. Neb. c. 6, §29, TO PRESIDENT OF BANK. — 1. The fact that
avoids, as against creditors, assignments
preferring one debt or class of debts, re-
quiring releases or compromises, reserving
interests to the assignor before payment of
the debts, conferring any special powers on
the assignee, or unaccompanied by inven-
tory. Held, that this section did not
change the debtor's common-law liberty to
mortgage all his goods to certain creditors,
if their debts be large enough to be ade-
quate consideration, and this though im-
mediate possession be given ; nor can other
creditors allege such a mortgage for a
ground of attachment, as fraudulently in-
tended to hinder them.
2. Defendants in attachment having of-
fered to confess judgment for the debt, the
court rendered judgment therefor, and also
sustained the attachment proceedings.
Held that, his attention being called to the
matter, he could, in his discretion, set aside
the judgment as to the attachment, and let
the rest stand.
3. When the right of attachment under
one section of the statute has been fully
determined against plaintiff, he cannot be
allowed to amend his complaint and
STAflPS!
the maker of a note told the president of a
bank, at the office of a company of which
they were both directors, that a certain note
had been obtained from him by fraud, will
not be held notice to the bank, where it
afterwards discounts the note.
2. The fact that when a bank discounted
a note, payable a year after date, it had but
a month or more to run, has no bearing on
the question of bona fides of the purchase.
Washington Nat. Bank vs. Pierce, Su-
preme Court of Washington, June 7. 1893.
EXECUTION — PROPERTY SUBJECT TO—
TITLE OF PROPERTY IN CREDITOR AS SE-
CURITY—RECEIVERS.—A judgment creditor
whose debt is secured by an absolute con-
veyance ot land, he having made a bond to
reconvey, has no right to levy his fi. fa.
upon the land, or to cause the sale of it,
until he has made and filed a deed recon-
veying to his debtor. Nor, before doing
this, has he any right to deprive the debtor
of possession, and have the property put in
the hands of a receiver, merely becaiise the
debt remains unpaid, the debtor has be-
come insolvent, and his wife threatens to
claim the land. After a proper levy is
made, should a sale be hindered or delayed
by a frivolous claim interposed by the wife,
the creditor's right to equitable relief may
then be different.
Mackenzie et al. vs. Howard, Supreme
Court of Georgia, Nov. 27, 1893.
CORPORATIONS—ASSUMPTION OF DEBTS OF
PROMOTERS.—Where the promoter of a cor-
poration is indebted to plaintiff for procur-
ing a bonus for the corporation, the latter,
on its organization, on accepting the bonus
with knowledge of the claim for services,
assumes the indebtedness also.
Weatherford, M. W. &. N. W. R. Co. vs.
Granger, Court of Civil Appeals of Texas,
Sept. 27, 1893.
CONTRACTS—CONSIDERATION— MODIFICA-
TION.—February 1st plaintiff agreed to
deliver defendant so much wood, at an
agreed price per cord, by Apiil 1st; plaintiff
not to be responsible for the railroad's fail-
ure to supply cars, nor for delays beyond
human control. No cars were furnished
until April 10th or nth. March 28 plaintiff
wrote to defendant that, in view of the
wages he had then to pay, he must ask for
a better price for the wood. Defendant
answered that he would pay him a certain
advanced price per cord, and requested him
to hurry his shipments. Held, that the
modification of the contract was not with-
out consideration.
Foley vs. Storrie, Civil Court of Appeals
of Texas, Oct. 4, 1893.
FOR FIFTEEN CENT5
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
$1.50 -
-
77R
A MUSICAL SUPPLEMENT
WORTH ONE DOLLAR.
All the News of Musicians, Special
Foreign Correspondence, and . .
II LOT OP MIGHTY INTERESTING MATTER.
BETTER SEND FOR A SAMPLE COPY, HADN'T YOU?
EDWARD LYMAN BILL, Publisher,
3 EAST FOURTEENTH STREET, NEW YORK.
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