Music Trade Review
Issue: 1895 Vol. 21 N. 13 - Page 13
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THE MUSIC TRADE REVIEW.
Recent Legal Decisions.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
C
Z NOTE — MORTGAGE—MACHINERY.— The
Supreme Court of Georgia held, in the re-
cent case of Cunningham et al. vs. Cureton,
that where a paper which the law requires
shall be attested as a mortgage on person-
alty in order to admit it. to record was not
attested at all, the actual record of it was
notice to nobody; that where a promissory
note was given for the purchase of personal
property the title to which was therein re-
served to the seller, although such note may
have been executed and made payable in
another State, yet where such property was
brought into Georgia the reservation of title
in the contract of conditional sale embodied
in the note was not effective against one
who in good faith there took a mortgage
upon or acquired title to the property with-
out actual notice of such reservation, unless
the contract was duly recorded as required
by section 1955 (a) of the Georgia code; and
that machinery, not to be moved about fr^m
place to place, but to be permanently used
with the building, becomes a part of the
realty, athough such machinery may be re-
movable without injury either to itself or
the building.
CORPORATION — STOCKHOLDERS— LIABIL-
ITY.—The Supreme Court of Minnesota
held, in the case of Oswald et al. vs. St.
Paul Globe Publishing Co. et al., that where
the nature of the business of a corporation,
as expressed in its articles of incorporation,
was, amongst other things, the publishing
a daily and weekly newspaper, it was not
an exclusively manufacturing corporation,
and its stockholders were not exempt from
liability to its creditors on their paid-up
stock; that the making of the lease in ques-
tion in the case was not ultra vires on the
part of the defendant corporation. An
action to set aside a fraudulent transfer of
all the corporate assets having been com-
menced by a stockholder against the cor-
poration and the transferee, and a receiver
was appointed, the court held that that
action could not be pleaded either in bar or
abatement of an action afterward brought
under chapter 76, General Statutes 1878,
by a creditor of said corporation in favor
of himself and all other creditors, and
against the corporation (then insolvent)
and all its stockholders, and for the ap-
pointment of a receiver.
that under the evidence the"! question
whether the delivery of logs, to pass title,
was to be made on the St. Louis River,
within one-half mile of Fond du Lac Sta-
tion, or at the mill of the vendees at New
Duluth, and if the former, whether such
delivery had been in fact made, should have
been submitted to the jury, and that a mere
naked bailee cannot recover against a third
person for the conversion of the bailee pro-
perty when the bailor or owner has inter-
vened and asserted his rights to the pro-
perty, but that a bailee entitled to the pos-
session of the goods for a specific time and
purpose may, notwithstanding such inter-
vention on the part of the general order,
recover to the extent of the value of his
special interest in the property.
through reports and other papers, keeps
the members advised of the progress of
legislation. The importance of this work
will be appreciated when it is remembered
that no less than fifty-three bills relating to
patents were before the last Congress, and
that many of these bills were inimical to
the rights of inventors and owners of
patents, while some of them strike at the
very root of the Patent System' itself.
The Association publishes, and furnishes
free to its members, valuable papers on
subjects relating to the nature and protec-
tion of property in inventions and patents,
and holds annual meetings for the presen-
tation of papers and the consideration of
questions relating to those and allied sub-
jects.
It is confidently believed that in no other
way can inventors and manufacturers so
Of Interest to Inventors and
well serve their best interests as by becom-
Manufacturers.
ing members of this Association and thus
directly co-operate in the valuable work it
HE American Association of Inventors is already doing.
and Manufacturers, corner of Eighth
and H streets, Washington, D. C , of which
What Is This?
Dr. R. J. Gatling, of Hartford, Conn., is
president, and Geo. C. Maynard, of Wash-
HE Euphone Co. has been incorporated,
ington, D. C., secretary and treasurer, have
under the laws of Virginia, with F. D.
sent us a circular letter from which we Maguire as president; Geo. F. Whiting,
quote the following:
vice-president; Roger Dulaney, secretary
The American Association of Inventors and treasurer, to manufacture and sell a
and Manufacturers has been formed to pro- new musical instrument, to be known as
mote their common interests by securing the Euphone. The capital stock is to be
the active co-operation of inventors and not less than $100,000, nor more than
manufacturers in the collection and dissem- $600,000, divided in shares of $10 each.
ination of the best information and opinion The main office is to be in the city of
on the development, protection and manage- Washington.
ment of inventions and patent property.
For this purpose, the Association main- A New Industry in St. Johnsville.
tains a central office, in the National Capi-
tal, in charge of an efficient secretary; and W O R K L A N D & SHULTS is the name
J
of a new firm which have commenced
besides the regular officers, has standing
committees to whom are intrusted the more the manufacture of piano cases in St. Johns-
important subjects within the scope of the ville, N. Y. They will occupy a portion of
the building just vacated by the Bijou
Association's work.
One of the most important of these com- Piano Co., and expect to turn out about
mittees is the Committee on Legislation, twelve cases a week for the present. Mr.
which looks after numerous bills before Yorkland is the practical member of the
Congress, appears before the Congressional firm, while Mr. Shults will devote himself
committees whenever required, and, to the business department.
T
T
Grands
CONTRACT—AMBIGUITY—EVIDENCE. — The
Supreme Court of Minnesota held, in the
recent case of Engel vs. Scott & Hollister
Lumber Co., that when the language of a
written contract is so equivocal or ambigu-
ous as to be open to either of two interpre-
tations, parol evidence of the subsequent
conduct of the parties showing the con-
struction put upon it by them is admissible;
HIGH GRADE
Received the
HIGHEST AWARD
World's Columbian
Exposition,
Chicago, 1893.
KROEGER
LEADER ?2§ DEALER
The Krell Piano Co., Factory
.~~>«-w~~
LARGEST IN THE WEST
THE KRELL PIANO CO., CINCINNATI, 0. Nlnth>
QEO. C. CRANE CO.
Eastern Representative
97 Fifth Ave., cor. 17th St., - New York
HarrIet>
Richmond M d
Carr Streets
Cincinnati, Ohio.
WVru* «•**#• D i a r i s t Ct\
ISXOcger r l a r i O WO. Established
Incorporated 1862
Hanufac-
Upright Pianos of a Reliable Grade at a medium price. Remember to
turers of look up the " Kroeger." It will please you. It is sold at the right price.
524 to 532 East 134th St., New York
THE MUSIC TRADE REVIEW.
Recent Legal Decisions.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
C
Z NOTE — MORTGAGE—MACHINERY.— The
Supreme Court of Georgia held, in the re-
cent case of Cunningham et al. vs. Cureton,
that where a paper which the law requires
shall be attested as a mortgage on person-
alty in order to admit it. to record was not
attested at all, the actual record of it was
notice to nobody; that where a promissory
note was given for the purchase of personal
property the title to which was therein re-
served to the seller, although such note may
have been executed and made payable in
another State, yet where such property was
brought into Georgia the reservation of title
in the contract of conditional sale embodied
in the note was not effective against one
who in good faith there took a mortgage
upon or acquired title to the property with-
out actual notice of such reservation, unless
the contract was duly recorded as required
by section 1955 (a) of the Georgia code; and
that machinery, not to be moved about fr^m
place to place, but to be permanently used
with the building, becomes a part of the
realty, athough such machinery may be re-
movable without injury either to itself or
the building.
CORPORATION — STOCKHOLDERS— LIABIL-
ITY.—The Supreme Court of Minnesota
held, in the case of Oswald et al. vs. St.
Paul Globe Publishing Co. et al., that where
the nature of the business of a corporation,
as expressed in its articles of incorporation,
was, amongst other things, the publishing
a daily and weekly newspaper, it was not
an exclusively manufacturing corporation,
and its stockholders were not exempt from
liability to its creditors on their paid-up
stock; that the making of the lease in ques-
tion in the case was not ultra vires on the
part of the defendant corporation. An
action to set aside a fraudulent transfer of
all the corporate assets having been com-
menced by a stockholder against the cor-
poration and the transferee, and a receiver
was appointed, the court held that that
action could not be pleaded either in bar or
abatement of an action afterward brought
under chapter 76, General Statutes 1878,
by a creditor of said corporation in favor
of himself and all other creditors, and
against the corporation (then insolvent)
and all its stockholders, and for the ap-
pointment of a receiver.
that under the evidence the"! question
whether the delivery of logs, to pass title,
was to be made on the St. Louis River,
within one-half mile of Fond du Lac Sta-
tion, or at the mill of the vendees at New
Duluth, and if the former, whether such
delivery had been in fact made, should have
been submitted to the jury, and that a mere
naked bailee cannot recover against a third
person for the conversion of the bailee pro-
perty when the bailor or owner has inter-
vened and asserted his rights to the pro-
perty, but that a bailee entitled to the pos-
session of the goods for a specific time and
purpose may, notwithstanding such inter-
vention on the part of the general order,
recover to the extent of the value of his
special interest in the property.
through reports and other papers, keeps
the members advised of the progress of
legislation. The importance of this work
will be appreciated when it is remembered
that no less than fifty-three bills relating to
patents were before the last Congress, and
that many of these bills were inimical to
the rights of inventors and owners of
patents, while some of them strike at the
very root of the Patent System' itself.
The Association publishes, and furnishes
free to its members, valuable papers on
subjects relating to the nature and protec-
tion of property in inventions and patents,
and holds annual meetings for the presen-
tation of papers and the consideration of
questions relating to those and allied sub-
jects.
It is confidently believed that in no other
way can inventors and manufacturers so
Of Interest to Inventors and
well serve their best interests as by becom-
Manufacturers.
ing members of this Association and thus
directly co-operate in the valuable work it
HE American Association of Inventors is already doing.
and Manufacturers, corner of Eighth
and H streets, Washington, D. C , of which
What Is This?
Dr. R. J. Gatling, of Hartford, Conn., is
president, and Geo. C. Maynard, of Wash-
HE Euphone Co. has been incorporated,
ington, D. C., secretary and treasurer, have
under the laws of Virginia, with F. D.
sent us a circular letter from which we Maguire as president; Geo. F. Whiting,
quote the following:
vice-president; Roger Dulaney, secretary
The American Association of Inventors and treasurer, to manufacture and sell a
and Manufacturers has been formed to pro- new musical instrument, to be known as
mote their common interests by securing the Euphone. The capital stock is to be
the active co-operation of inventors and not less than $100,000, nor more than
manufacturers in the collection and dissem- $600,000, divided in shares of $10 each.
ination of the best information and opinion The main office is to be in the city of
on the development, protection and manage- Washington.
ment of inventions and patent property.
For this purpose, the Association main- A New Industry in St. Johnsville.
tains a central office, in the National Capi-
tal, in charge of an efficient secretary; and W O R K L A N D & SHULTS is the name
J
of a new firm which have commenced
besides the regular officers, has standing
committees to whom are intrusted the more the manufacture of piano cases in St. Johns-
important subjects within the scope of the ville, N. Y. They will occupy a portion of
the building just vacated by the Bijou
Association's work.
One of the most important of these com- Piano Co., and expect to turn out about
mittees is the Committee on Legislation, twelve cases a week for the present. Mr.
which looks after numerous bills before Yorkland is the practical member of the
Congress, appears before the Congressional firm, while Mr. Shults will devote himself
committees whenever required, and, to the business department.
T
T
Grands
CONTRACT—AMBIGUITY—EVIDENCE. — The
Supreme Court of Minnesota held, in the
recent case of Engel vs. Scott & Hollister
Lumber Co., that when the language of a
written contract is so equivocal or ambigu-
ous as to be open to either of two interpre-
tations, parol evidence of the subsequent
conduct of the parties showing the con-
struction put upon it by them is admissible;
HIGH GRADE
Received the
HIGHEST AWARD
World's Columbian
Exposition,
Chicago, 1893.
KROEGER
LEADER ?2§ DEALER
The Krell Piano Co., Factory
.~~>«-w~~
LARGEST IN THE WEST
THE KRELL PIANO CO., CINCINNATI, 0. Nlnth>
QEO. C. CRANE CO.
Eastern Representative
97 Fifth Ave., cor. 17th St., - New York
HarrIet>
Richmond M d
Carr Streets
Cincinnati, Ohio.
WVru* «•**#• D i a r i s t Ct\
ISXOcger r l a r i O WO. Established
Incorporated 1862
Hanufac-
Upright Pianos of a Reliable Grade at a medium price. Remember to
turers of look up the " Kroeger." It will please you. It is sold at the right price.
524 to 532 East 134th St., New York
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