Music Trade Review
Issue: 1895 Vol. 21 N. 11 - Page 13
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THE MUSIC TRADE REVIEW.
Recent Legal Decisions.
[I'HKr.Miri) FOR THE MUSIC TRADE K K VIEW.]
NOTK
CORPORATION — ULTRA
VIRES.—
The Supreme Court of Georgia held, in the
recent case of Towers Excelsior and Gin-
nery Co. vs. Intnan, that whether one who
in good faith and for value purchased, be-
fore its maturity, a negotiable promissory
note executed by a corporation chartered by
a superior court, and having under the
charter authority to execute such notes, is
or is not bound to take notice of the general
powers of the corporation, with a view to
ascertaining whether or not, in purchasing
the property for which the note was given, it
acted ultra vires, yet where the corporation
retained the property for which the note
was given, it could not set up the defense
of ultra vires, even to an action upon the
note by the original payee, and much less
could it set up this defense to an action
thereon brought by a person who had pur-
chased as above stated, and that even if the
corporation offered to rescind the contract
it had made for the purchase of the proper-
ty, on the ground that the property was
either totally or partially worthless, but
made no offer to rescind upon the ground
that its action in purchasing was ultra
vires, the corporation under these circum-
stances would, as to the innocent purchaser
of the note, stand in law just as if it had
simply retained the property without mak-
ing any offer to rescind.
SLEEPING-CAR—THEFT—LIABILITY.—The
Supreme Court of Georgia held, in the re-
cent case of Kates vs. Pullman Palace Car
Co., that relatively to a person occupying a
berth in a sleeping-car, for which he has
paid the customary fare, a sleeping-car
company is under the duty of maintaining
such watch and guard while the passenger
is sleeping as may be reasonably necessary
to secure the safety of such money, jewels
and baggage as he may properly carry on
his person or have in his possession while
traveling in the car; and if, while he is
asleep, such property is taken from his pos-
session, the burden is upon the company of
showing the loss did not occur because of a
failure upon the part of its employees to
discharge this duty; that the fact that the
loss was occasioned through the negligence
of the passenger would, ordinarily, be a
good defense, but where it appears that the
acts of the passenger alleged to be negli-
gence wers caused by the wrongful conduct
of the company itself, the latter is estopped
from claiming immunity because of such
acts, and that proper diligence on the part
of a sleeping-car company toward one of its
patrons involves the exercise of ordinary
care in looking out for and taking care of
such property as may be by him casually
left in the car of the company upon his
leaving it, and the restitution of the prop-
erty to the owner when ascertained; and
where such property is actually found_by
the servants of the company, or is left or
dropped in such place and under such cir-
cumstances as that, by the exercise of ordi-
nary care, it ought to have been found by
them, the company will be liable for its
value.
The "Knabe" at the Worcester
Musical Festival.
T
HE Knabe grand piano, which was
played upon by Amie Lachaume at
the Worcester Musical Festival last week,
made a decided " h i t . " The critical audi-
ence and the local papers have expressed
themselves in no uncertain words regard-
ing its merits. It is gratifying to see this
distinguished instrument commanding the
support and praise it so thoroughly de-
serves.
J. V. Steger's Gift
J
.
V. STEGER has donated a style " 1 8 "
Steger piano—a magnificent instru-
ment in mahogany case—to the Fair which
will be held in the Madison Square Garden,
this city, commencing November i6th, in
aid of the Heinrich. Heine monument fund.
It is hardly necessary to say that this gift
is only in line with Mr. Steger's many acts
of kind heartedness, and the managers of
the Fair are under deep obligations. It is
expected that about $5,000 will be realized
from this instrument, which will be put up
at raffle. Mr. Steger's gift will have one
excellent effect—it will make better known
in the East the excellence of the Steger
piano and the generosity of its maker.
#
Influence of the Weather.
W
HO has not felt the difference be-
tween a depressing and an exhil-
arating day? Sydney Smith wrote: "Very
high and very low temperatures abolish
all human sympathy and relations. It is
impossible to feel affection above 78 degrees
or below 20 degrees." Dr. Farr and Dr.
Stark almost lead us to think morality is
registered on the thermometer, so surely
does it measure certain kinds of criminality.
On suicides the effects of the weather are
J
7
well known. Nearly all vocations are af-
fected by weather. Men of science are oft-
en as much subject to weather as seamen.
Some writers must have the weather fit the
mood, character or scene. If one will read
poetry attentively, he will be surprised to
find how many weather marks are scattered
through it. Diverse weather states may be
one cause of so much diversity and even
disagreement in thought processes usually
regarded as scientific. Many experienced
teachers think there should be modifica-
tions of school work and discipline to corre-
spond with the weather.
The head of a factory employing three
thousand workmen has said: "We reckon
that a disagreeable day yields about 10 per
cent, less work than a delightful day, and
we thus have to count this as a factor in
our profit and loss account." These are
some of the ideas put forth in a preliminary
statement by J. S. Lemon, who proposes to
publish more at length upon the subject.
"Laboratory investigation of the subject,"
he says, "meets at the outset the difficulty
of distinguishing results of weather changes
from similar states otherwise caused. This
difficulty is no greater than in many other
topics of research, and, we believe, will not
invalidate our methods and results."
Boosey & Co.
G
EO. MAXWELL, manager of Boosey
& Co.'s establishment, 9 East Seven-
teenth street, will leave for the West the
early part of next week. Mr. Maxwell re-
ports an improving condition of business
which is certain to be augmented the com-
ing musical season. The latest Boosey cat-
alogue contains a number of excellent
songs, which arc destined to achieve a de-
cided popularity.
This house have the sole rights in this
country for the publication of "The Chief-
tain," Sullivan's latest success, which is
now being sung at Abbey's Theatre. It
is to be expected that there will be quite a
demand for this music—both vocal and in-
strumental—as soon as the opera becomes
better known. It is undoubtedly one of
the best things heard in New York for
many vears.
H Ibujb ^rafce piano
at a flDofcerate
riADE IIY THE
Manufacturers of Strictly First=Class
Grand
Upright Pianos
GEO. C. CRRNE.
Co.. , 7 th street
KROEGER
AND
97 FIFTH AVENUE, NEW YORK
Established 1862
1
1894.
Hanufac
Upright Pianos of a Reliable Grade at a medium price. Remember to
turcrs of look up the " Kroeger." It will please you. 11 is sold at the right price.
1/
r~*»
_„
/"* ^
K r o e g e r P i a n o Co. incorporated
524 to 532 East 134th St., New York
THE MUSIC TRADE REVIEW.
Recent Legal Decisions.
[I'HKr.Miri) FOR THE MUSIC TRADE K K VIEW.]
NOTK
CORPORATION — ULTRA
VIRES.—
The Supreme Court of Georgia held, in the
recent case of Towers Excelsior and Gin-
nery Co. vs. Intnan, that whether one who
in good faith and for value purchased, be-
fore its maturity, a negotiable promissory
note executed by a corporation chartered by
a superior court, and having under the
charter authority to execute such notes, is
or is not bound to take notice of the general
powers of the corporation, with a view to
ascertaining whether or not, in purchasing
the property for which the note was given, it
acted ultra vires, yet where the corporation
retained the property for which the note
was given, it could not set up the defense
of ultra vires, even to an action upon the
note by the original payee, and much less
could it set up this defense to an action
thereon brought by a person who had pur-
chased as above stated, and that even if the
corporation offered to rescind the contract
it had made for the purchase of the proper-
ty, on the ground that the property was
either totally or partially worthless, but
made no offer to rescind upon the ground
that its action in purchasing was ultra
vires, the corporation under these circum-
stances would, as to the innocent purchaser
of the note, stand in law just as if it had
simply retained the property without mak-
ing any offer to rescind.
SLEEPING-CAR—THEFT—LIABILITY.—The
Supreme Court of Georgia held, in the re-
cent case of Kates vs. Pullman Palace Car
Co., that relatively to a person occupying a
berth in a sleeping-car, for which he has
paid the customary fare, a sleeping-car
company is under the duty of maintaining
such watch and guard while the passenger
is sleeping as may be reasonably necessary
to secure the safety of such money, jewels
and baggage as he may properly carry on
his person or have in his possession while
traveling in the car; and if, while he is
asleep, such property is taken from his pos-
session, the burden is upon the company of
showing the loss did not occur because of a
failure upon the part of its employees to
discharge this duty; that the fact that the
loss was occasioned through the negligence
of the passenger would, ordinarily, be a
good defense, but where it appears that the
acts of the passenger alleged to be negli-
gence wers caused by the wrongful conduct
of the company itself, the latter is estopped
from claiming immunity because of such
acts, and that proper diligence on the part
of a sleeping-car company toward one of its
patrons involves the exercise of ordinary
care in looking out for and taking care of
such property as may be by him casually
left in the car of the company upon his
leaving it, and the restitution of the prop-
erty to the owner when ascertained; and
where such property is actually found_by
the servants of the company, or is left or
dropped in such place and under such cir-
cumstances as that, by the exercise of ordi-
nary care, it ought to have been found by
them, the company will be liable for its
value.
The "Knabe" at the Worcester
Musical Festival.
T
HE Knabe grand piano, which was
played upon by Amie Lachaume at
the Worcester Musical Festival last week,
made a decided " h i t . " The critical audi-
ence and the local papers have expressed
themselves in no uncertain words regard-
ing its merits. It is gratifying to see this
distinguished instrument commanding the
support and praise it so thoroughly de-
serves.
J. V. Steger's Gift
J
.
V. STEGER has donated a style " 1 8 "
Steger piano—a magnificent instru-
ment in mahogany case—to the Fair which
will be held in the Madison Square Garden,
this city, commencing November i6th, in
aid of the Heinrich. Heine monument fund.
It is hardly necessary to say that this gift
is only in line with Mr. Steger's many acts
of kind heartedness, and the managers of
the Fair are under deep obligations. It is
expected that about $5,000 will be realized
from this instrument, which will be put up
at raffle. Mr. Steger's gift will have one
excellent effect—it will make better known
in the East the excellence of the Steger
piano and the generosity of its maker.
#
Influence of the Weather.
W
HO has not felt the difference be-
tween a depressing and an exhil-
arating day? Sydney Smith wrote: "Very
high and very low temperatures abolish
all human sympathy and relations. It is
impossible to feel affection above 78 degrees
or below 20 degrees." Dr. Farr and Dr.
Stark almost lead us to think morality is
registered on the thermometer, so surely
does it measure certain kinds of criminality.
On suicides the effects of the weather are
J
7
well known. Nearly all vocations are af-
fected by weather. Men of science are oft-
en as much subject to weather as seamen.
Some writers must have the weather fit the
mood, character or scene. If one will read
poetry attentively, he will be surprised to
find how many weather marks are scattered
through it. Diverse weather states may be
one cause of so much diversity and even
disagreement in thought processes usually
regarded as scientific. Many experienced
teachers think there should be modifica-
tions of school work and discipline to corre-
spond with the weather.
The head of a factory employing three
thousand workmen has said: "We reckon
that a disagreeable day yields about 10 per
cent, less work than a delightful day, and
we thus have to count this as a factor in
our profit and loss account." These are
some of the ideas put forth in a preliminary
statement by J. S. Lemon, who proposes to
publish more at length upon the subject.
"Laboratory investigation of the subject,"
he says, "meets at the outset the difficulty
of distinguishing results of weather changes
from similar states otherwise caused. This
difficulty is no greater than in many other
topics of research, and, we believe, will not
invalidate our methods and results."
Boosey & Co.
G
EO. MAXWELL, manager of Boosey
& Co.'s establishment, 9 East Seven-
teenth street, will leave for the West the
early part of next week. Mr. Maxwell re-
ports an improving condition of business
which is certain to be augmented the com-
ing musical season. The latest Boosey cat-
alogue contains a number of excellent
songs, which arc destined to achieve a de-
cided popularity.
This house have the sole rights in this
country for the publication of "The Chief-
tain," Sullivan's latest success, which is
now being sung at Abbey's Theatre. It
is to be expected that there will be quite a
demand for this music—both vocal and in-
strumental—as soon as the opera becomes
better known. It is undoubtedly one of
the best things heard in New York for
many vears.
H Ibujb ^rafce piano
at a flDofcerate
riADE IIY THE
Manufacturers of Strictly First=Class
Grand
Upright Pianos
GEO. C. CRRNE.
Co.. , 7 th street
KROEGER
AND
97 FIFTH AVENUE, NEW YORK
Established 1862
1
1894.
Hanufac
Upright Pianos of a Reliable Grade at a medium price. Remember to
turcrs of look up the " Kroeger." It will please you. 11 is sold at the right price.
1/
r~*»
_„
/"* ^
K r o e g e r P i a n o Co. incorporated
524 to 532 East 134th St., New York
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