Music Trade Review
Issue: 1895 Vol. 21 N. 6 - Page 12
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THE MUSIC TRADE REVIEW.
-i 6
Recent Legal Decisions.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
"
PASSKNGERS'
BAGGAGE — MERCHANDISE
NOT.—The question of what constitutes a
passenger's baggage was considered in the
case ot Smith vs. Cincinnati, H. & D. R.
Co., 2 Ohio Nisi Prius Reps., 29, and deter-
mined that by baggage is meant such arti-
cles of personal necessity or convenience
as are usually carried by passengers for
their personal use; it does not include mer-
chandise or other valuables designed for
other purposes, such as a sale or the like.
Equity will not interfere by injunction to
require a railroad company to permit its
passenger cars to be used for the transport-
ation of merchandise as personal baggage,
especially when such railroad company has
provided for transportation of merchandise
through its freight cars or through an ex-
press company, and does not hold itself out
as such common carrier.
fraudulently evades the payment of his
fare upon a railroad train is not a pas-
senger, and the railway company owes him
no duty except to abstain from wilful or
reckless injury to him; and this rule is not
abrogated by the Iowa statute (McClain's
Annotated Code, Sec. 2,002) providing that
railroad corporations shall be liable for
damage sustained by "any person" through
negligence of its agents.
It can be seen from these figures that
"ready money" plays but a secondary part
in the business transactions of this country.
The use of negotiable paper is becoming
more prevalent every day in commercial
affairs.
'
It is'safe to assert that it will be much
more general as soon as our currency sys-
tem is considered sound and stable in all
sections of the country. Speaking of the
national standing of the United States, the
following significant statement appears:
The Use of Negotiable Paper.
The figures obtained by the investigation
of last year have attracted attention in
N inquiry has been instituted by Mr. Europe as well as in the United States, and
Eckels, Comptroller of the Currency the results of the new inquiry promised in
in Washington, the results of which will be the Comptroller's report are being awaited
with a good deal of interest. The last
of great interest in their bearing upon com- number of the Bankers' Magazine, of Lon-
mercial questions. The object of this in- don, touches upon a branch of the subject
quiry is to ascertain the use of credit in- not referred to at any length in the report
struments in retail transactions and bank of the Comptroller—the effect of the great
operations. A similar investigation was set accumulations in American banks upon the
money markets of the world. It is pointed
on foot last year, and much valuable infor- out that the banking power of the world,
maiton was developed. It was not as com- which now amounts to about ,£4,000,000,-
plete,
however, as was desired, and the 000,or $20,000,000,000, is distributed in the
LIBEL — PRIVILEGED COMMUNICATION —
present
inquiry will do much to throw proportion of ^2,300,000,000 to Europe,
BURDEN OF PROOF.—A novel question of
more
light
on the subject. Speaking of the ^£1,200,000,000 to North America, and the
libel was before the Supreme Court of
remainder to the rest of the world. Com-
Australia in the case of- Lang vs. Bage, 16 preceding and forthcoming reports, the menting upon these immense aggregates,
the magazine referred to says:
Australian Law Times, 181. The Court Journal of Commerce of this city, says:
" I t is when larger amounts are accumu-
said that a distinction exists between that
Wholesale transactions are so largely car-
lated—when considerable sums of 'free
immunity from actions of defamation which ried on by checks and bills of exchange that
cash' are held by customers of banks—that
is presumed to exist by reason of the mere it was to be expected that the proportion of
credit instruments used would be shown to there are funds to spare for more distant
relationship of the parties and that which
be much smaller in retail transactions than undertakings. The tendency of deposits in
depends upon other circumstances. Where in the great aggregates covered by the in- banks working in progressive districts is to
the existence of the privilege depends sole- quiry of Comptroller Knox in 1881. It was increase, and we may feel certain that this
will be the case with customers of the banks
ly on the relationship between the parties, then shown that checks, drafts and other
of the United States.
The 9,000,000 de-
instruments,
exclusive
of
paper
currency,
the Court will not assume as a matter of
positors
in
banks
form
a
force unparalleled
constituted 95.13 per cent, of the receipts
course that the defamatory statements have
The inference we
of the banks of the United States, and 98.70 in any other country.
may draw from the figures before us is, that
been made by the defendant in the belifef per cent, of the receipts of the banks of
founded on reasonable grounds that they New York city. Of course, these figures, we must look for sharper competition than
ever from the other side of the Atlantic,
were true and that it was his duty to make and those of Comptroller Eckels, are alike
and while with care and prudence we may
in
not
undertaking
to
deal
with
transactions
them. In this case the defendant was the
hope
to hold our own, it is only by the
outside the banks, which are probably car-
son-in-law of the plaintiff, and during her
ried on more largely in money and paper most careful employment of our resources
absence in England, lasting for five years, currency. The investigation of Comptrol- that we may hope to retain our position."
had the sole management of her affairs. On ler Eckels showed that checks and instru-
This is certainly a creditable showing.
her return he wrote libelous letters reflect- ments of credit, including store orders,con- Such an enormous amount on deposit here
ing on her mental condition to her sister stituted 58.9 per cent, of the transactions of
for active use for trade purposes, speaks
a day through the banks, while cash and
and daughter. In an action of libel, the
eloquently
of the energy, enterprise and in-
notes constituted 41.1 per cent. The pro-
defendant pleading privilege and justifica- portions were so different in different dustrial develpoment of the United States.
tion, the publication of the libels was States, even in the same sections of the
proved, but the plaintiff closed her case country, that it is probable that a more pre-
The Colby Piano Co.
without giving any evidence in the first cise inquiry will result in some changes in
the showing of last year.
It would be de-
instance of express malice. It was held
sirable, from the standpoint of some of the
J. McCARTER, president of the
that the Court was not bound at that stage advocates of currency reform, to have store
Colby . Piano Co., is traveling
m
to assume in the defendant's favor, by orders and book credits separated from
reason of the relationship between the checks and recognized instruments of com- through the West in the interest of his
parties, that the letters were privileged, and mercial transactions. Another point upon house, and has received considerable en-
which the Comptroller will be asked to seek couragement from the many dealers he
that they had been written without malice
information in the inquiry of this year will
Mr. McCarter is quite hopeful
and under the belief founded on reasonable be the percentage of discount made by visited.
grounds that the statements contained in banks and storekeepers upon orders issued about the future of the Colby Piano Co.,
them were true, and that it was the de- by manufacturing and industrial corpora- and judging from the enlarged business
tions. Some of the advocates of an ampler which has been transacted since he assumed
fendant's duty to make them.
banking currency in the South and West his present position, he is fully justified in
do not believe that the use of store orders his view of the situation.
PASSENGER — FRAUDULENT EVASION OF
The Colby
and credits has the advantages of the use of
FARE—EFFECT ON RIGHTS.—The
United
Piano
Co.
intend
to
pursue
an
active
policy
more distinctly commercial paper, and they
States Circuit Court of Appeals, in the case think that such an inquiry as the Comptrol- in the fall, and no steps will be] left undone
of Condron vs. Chicago, W. & St. P. R. ler proposes ought to bring oiit the exact to bring the merits of the Colby pianos
f
Co., 67 Fed. Rep., 522, say that one who acts in this respect.
effectively before the public.
A
W
THE
II
CELEBRATED
STEGER
PIANOS
M
PATENTED 1892.
are noted for their fine singing quality of
tone and great durability.
The moit
profitable Piano for dealers to handle.
STEGER & CO., Manufacturers,
Factory, Columbia Heights.
235 TVABASH AVENUE. CHICAGO.
THE MUSIC TRADE REVIEW.
-i 6
Recent Legal Decisions.
[PREPARED FOR THE MUSIC TRADE REVIEW.]
"
PASSKNGERS'
BAGGAGE — MERCHANDISE
NOT.—The question of what constitutes a
passenger's baggage was considered in the
case ot Smith vs. Cincinnati, H. & D. R.
Co., 2 Ohio Nisi Prius Reps., 29, and deter-
mined that by baggage is meant such arti-
cles of personal necessity or convenience
as are usually carried by passengers for
their personal use; it does not include mer-
chandise or other valuables designed for
other purposes, such as a sale or the like.
Equity will not interfere by injunction to
require a railroad company to permit its
passenger cars to be used for the transport-
ation of merchandise as personal baggage,
especially when such railroad company has
provided for transportation of merchandise
through its freight cars or through an ex-
press company, and does not hold itself out
as such common carrier.
fraudulently evades the payment of his
fare upon a railroad train is not a pas-
senger, and the railway company owes him
no duty except to abstain from wilful or
reckless injury to him; and this rule is not
abrogated by the Iowa statute (McClain's
Annotated Code, Sec. 2,002) providing that
railroad corporations shall be liable for
damage sustained by "any person" through
negligence of its agents.
It can be seen from these figures that
"ready money" plays but a secondary part
in the business transactions of this country.
The use of negotiable paper is becoming
more prevalent every day in commercial
affairs.
'
It is'safe to assert that it will be much
more general as soon as our currency sys-
tem is considered sound and stable in all
sections of the country. Speaking of the
national standing of the United States, the
following significant statement appears:
The Use of Negotiable Paper.
The figures obtained by the investigation
of last year have attracted attention in
N inquiry has been instituted by Mr. Europe as well as in the United States, and
Eckels, Comptroller of the Currency the results of the new inquiry promised in
in Washington, the results of which will be the Comptroller's report are being awaited
with a good deal of interest. The last
of great interest in their bearing upon com- number of the Bankers' Magazine, of Lon-
mercial questions. The object of this in- don, touches upon a branch of the subject
quiry is to ascertain the use of credit in- not referred to at any length in the report
struments in retail transactions and bank of the Comptroller—the effect of the great
operations. A similar investigation was set accumulations in American banks upon the
money markets of the world. It is pointed
on foot last year, and much valuable infor- out that the banking power of the world,
maiton was developed. It was not as com- which now amounts to about ,£4,000,000,-
plete,
however, as was desired, and the 000,or $20,000,000,000, is distributed in the
LIBEL — PRIVILEGED COMMUNICATION —
present
inquiry will do much to throw proportion of ^2,300,000,000 to Europe,
BURDEN OF PROOF.—A novel question of
more
light
on the subject. Speaking of the ^£1,200,000,000 to North America, and the
libel was before the Supreme Court of
remainder to the rest of the world. Com-
Australia in the case of- Lang vs. Bage, 16 preceding and forthcoming reports, the menting upon these immense aggregates,
the magazine referred to says:
Australian Law Times, 181. The Court Journal of Commerce of this city, says:
" I t is when larger amounts are accumu-
said that a distinction exists between that
Wholesale transactions are so largely car-
lated—when considerable sums of 'free
immunity from actions of defamation which ried on by checks and bills of exchange that
cash' are held by customers of banks—that
is presumed to exist by reason of the mere it was to be expected that the proportion of
credit instruments used would be shown to there are funds to spare for more distant
relationship of the parties and that which
be much smaller in retail transactions than undertakings. The tendency of deposits in
depends upon other circumstances. Where in the great aggregates covered by the in- banks working in progressive districts is to
the existence of the privilege depends sole- quiry of Comptroller Knox in 1881. It was increase, and we may feel certain that this
will be the case with customers of the banks
ly on the relationship between the parties, then shown that checks, drafts and other
of the United States.
The 9,000,000 de-
instruments,
exclusive
of
paper
currency,
the Court will not assume as a matter of
positors
in
banks
form
a
force unparalleled
constituted 95.13 per cent, of the receipts
course that the defamatory statements have
The inference we
of the banks of the United States, and 98.70 in any other country.
may draw from the figures before us is, that
been made by the defendant in the belifef per cent, of the receipts of the banks of
founded on reasonable grounds that they New York city. Of course, these figures, we must look for sharper competition than
ever from the other side of the Atlantic,
were true and that it was his duty to make and those of Comptroller Eckels, are alike
and while with care and prudence we may
in
not
undertaking
to
deal
with
transactions
them. In this case the defendant was the
hope
to hold our own, it is only by the
outside the banks, which are probably car-
son-in-law of the plaintiff, and during her
ried on more largely in money and paper most careful employment of our resources
absence in England, lasting for five years, currency. The investigation of Comptrol- that we may hope to retain our position."
had the sole management of her affairs. On ler Eckels showed that checks and instru-
This is certainly a creditable showing.
her return he wrote libelous letters reflect- ments of credit, including store orders,con- Such an enormous amount on deposit here
ing on her mental condition to her sister stituted 58.9 per cent, of the transactions of
for active use for trade purposes, speaks
a day through the banks, while cash and
and daughter. In an action of libel, the
eloquently
of the energy, enterprise and in-
notes constituted 41.1 per cent. The pro-
defendant pleading privilege and justifica- portions were so different in different dustrial develpoment of the United States.
tion, the publication of the libels was States, even in the same sections of the
proved, but the plaintiff closed her case country, that it is probable that a more pre-
The Colby Piano Co.
without giving any evidence in the first cise inquiry will result in some changes in
the showing of last year.
It would be de-
instance of express malice. It was held
sirable, from the standpoint of some of the
J. McCARTER, president of the
that the Court was not bound at that stage advocates of currency reform, to have store
Colby . Piano Co., is traveling
m
to assume in the defendant's favor, by orders and book credits separated from
reason of the relationship between the checks and recognized instruments of com- through the West in the interest of his
parties, that the letters were privileged, and mercial transactions. Another point upon house, and has received considerable en-
which the Comptroller will be asked to seek couragement from the many dealers he
that they had been written without malice
information in the inquiry of this year will
Mr. McCarter is quite hopeful
and under the belief founded on reasonable be the percentage of discount made by visited.
grounds that the statements contained in banks and storekeepers upon orders issued about the future of the Colby Piano Co.,
them were true, and that it was the de- by manufacturing and industrial corpora- and judging from the enlarged business
tions. Some of the advocates of an ampler which has been transacted since he assumed
fendant's duty to make them.
banking currency in the South and West his present position, he is fully justified in
do not believe that the use of store orders his view of the situation.
PASSENGER — FRAUDULENT EVASION OF
The Colby
and credits has the advantages of the use of
FARE—EFFECT ON RIGHTS.—The
United
Piano
Co.
intend
to
pursue
an
active
policy
more distinctly commercial paper, and they
States Circuit Court of Appeals, in the case think that such an inquiry as the Comptrol- in the fall, and no steps will be] left undone
of Condron vs. Chicago, W. & St. P. R. ler proposes ought to bring oiit the exact to bring the merits of the Colby pianos
f
Co., 67 Fed. Rep., 522, say that one who acts in this respect.
effectively before the public.
A
W
THE
II
CELEBRATED
STEGER
PIANOS
M
PATENTED 1892.
are noted for their fine singing quality of
tone and great durability.
The moit
profitable Piano for dealers to handle.
STEGER & CO., Manufacturers,
Factory, Columbia Heights.
235 TVABASH AVENUE. CHICAGO.
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