Music Trade Review
Issue: 1898 Vol. 27 N. 21 - Page 7
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THE MUSIC TRADE REVIEW
Dolge Affairs.
ACTION TO VACATE RECEIVER MILLS' APPOINT-
MENT MUST BE TRIED IN HERKIMER
COUNTY.
[Special to The Review.]
Lyons, N. Y., Nov. 14, 1898.
Justice Dunweil yesterday handed down
a decision in which he holds that all actions
brought by creditors for the purpose of
vacating the appointment of Albert M.
Mills as receiver of Alfred Dolge & Son, of
Dolgeville, must be brought in Herkimer
county, and cannot be tried in other local-
ities. The plaintiff in the case is the Com-
mercial Bank of Rochester, a heavy cred-
itor. The action was commenced in the
Supreme Court of Monroe county, and
trial was desired there. Under the provis-
ions of Section 982 of the Code of Civil
Procedure, defendant made a motion for a
change of venue from Monroe to Herkimer
county.
Plaintiff admitted that decisions held
that the proper place of trial in actions to
set aside a general assignment for the ben-
efit of creditors, where the assigned prop-
erty consisted in part of real property, was
the county where the real estate is situated.
The contention was made, however, that
the positions of assignee and receiver are
not analagous. This contention Justice
Dunwell overrules, with $10 costs to the
receiver. Inasmuch as this is but one of a
lot of actions brought by various creditors
in various parts of the State, it remains to
be seen whether the other creditors will
accept this opinion and change their
venues to Herkimer county, or will look
for a different decision.
The Kimball Co. in Portland.
[Special to The Review.]
Portland, Ore., Nov. 12, 1898.
Edwin S. Conway, secretary of the W.
W. Kimball Company, of Chicago, was at
the Portland last Thursday. Mr. Conway's
visit to the Northwest at this time is for
the purpose of looking over the field care-
fully, with a view to establishing the best
trade connections for his company in the
Northwest. For a great many years past
this company maintained a Portland
branch, which was under the management
of L. V. Moore. This house was discon-
tinued early the present year. It is highly
probable that the Kimball Company will
re-establish a branch house here in the near
future.
Mr. Hy. Eilers, who has had immediate
charge of the Kimball Company's large
interests in this territory during the past
few months, has set forth the opportunities
which this field offers in such an enthusias-
tic manner to his principals that they have
wisely decided that Portland and its im-
mense tributary district are worthy of their
best recognition.
The Bankruptcy Rules.
The United States Supreme Court ad-
journed on Monday last for two weeks and
when it reassembles will announce the
Bankruptcy rules.
The Pioneer Music Trade Editor of the West.
tled on that day that the
new paper should not be
a society paper, but rather
a paper which should be
an exponent of the musical
West. That day marked
the entree of Orvin L. Fox
into the field of music
trade journalism for it
was the natal day of The
Indicator.
The trio of men who
that day gave support to
the embryo I n d i c a t o r
found that its editor,
Orvin L. Fox, was a man
upon whom they could
rely and their friendship
through all the interven-
ing years has broadened
and strengthened. Hora-
tius at the bridge across
the yellow Tiber had no
more gallant or loyal sup-
porters in '' the dauntless
three" than had O. L.
F o x , in h i s enterprise,
in the three noted music
men of Chicago who stood
shoulder to shoulder with
him in his early fight for
a musical paper in the
West, and it was en-
couragement that a man
needed in those early
days before the manufac-
OME eighteen years ago an athletic, turing industries in the West had com-
ruddy cheeked, bright eyed young man menced to develop. The Review feels
entered the store of Estey & Camp, Chi- that it is only right for the oldest music
cago. He had been engaged in publishing trade paper in the East to emphasize the
the city directories of St. Louis, Mo., and good work accomplished by its oldest con-
Nashville, Tenn. Also he had been doing temporary in the West. It needed a man
some newspaper work in Chicago. He of determination to build a musical trade
had the true newspaper instinct and he paper in those days and Mr. Fox possessed
saw what he believed to be a splendid the energy, the ambition, and he served
opportunity to start a society paper in the the interests of those Western men with a
Metropolis of the West. He called upon loyalty and a determination which it is but
the late Deacon I. N. Camp, whom he had fair to recognize. Orvin L. Fox was the
known in years agone in his native Ver- pioneer and he hewed the way where others
mont, to talk the matter over with him, as . have followed. In after years The Indicator
he was a man whose opinion he valued was broadened from a Western journal and
highly, and incidentally to suggest to him an exponent of Western industries into a
the advisability of having his business paper of national character and circulation,
card incorporated in the proposed news- received and read with pleasure and profit
by manufacturers and dealers in all sec-
paper venture.
tions of the country.
The name of the paper suggested by the
The Review believes in giving credit
young man rather pleased the Deacon, who
where
it belongs, and it is with pleasure
after a moment said:
that
we
extend congratulations to our con-
" Why not make it a musical paper in-
temporary
of the West, The Indicator, and
stead of a society paper? "
to
Brother
Orvin L. Fox, who has given
The young man replied that he had not
the best years of his life to valiant trade
considered that.
"Do you know Mr. Healy, of Lyon & service. May he long remain with us and
may the influence and power of his journal
Healy ?"
increase as we register the passing of the
"No."
"Wait until I put on my hat and coat years.
and we'll go down and I'll introduce you,
J. J. Looschen, of Paterson, N. J., has
then we'll go around and call on W. W.
rented
a store in the Penn Building, Erie,
Kimball."
They were warmly received by both of Pa., with the intention of opening a first-
these noted men of the West, and it was set- class piano store.
S
THE MUSIC TRADE REVIEW
Dolge Affairs.
ACTION TO VACATE RECEIVER MILLS' APPOINT-
MENT MUST BE TRIED IN HERKIMER
COUNTY.
[Special to The Review.]
Lyons, N. Y., Nov. 14, 1898.
Justice Dunweil yesterday handed down
a decision in which he holds that all actions
brought by creditors for the purpose of
vacating the appointment of Albert M.
Mills as receiver of Alfred Dolge & Son, of
Dolgeville, must be brought in Herkimer
county, and cannot be tried in other local-
ities. The plaintiff in the case is the Com-
mercial Bank of Rochester, a heavy cred-
itor. The action was commenced in the
Supreme Court of Monroe county, and
trial was desired there. Under the provis-
ions of Section 982 of the Code of Civil
Procedure, defendant made a motion for a
change of venue from Monroe to Herkimer
county.
Plaintiff admitted that decisions held
that the proper place of trial in actions to
set aside a general assignment for the ben-
efit of creditors, where the assigned prop-
erty consisted in part of real property, was
the county where the real estate is situated.
The contention was made, however, that
the positions of assignee and receiver are
not analagous. This contention Justice
Dunwell overrules, with $10 costs to the
receiver. Inasmuch as this is but one of a
lot of actions brought by various creditors
in various parts of the State, it remains to
be seen whether the other creditors will
accept this opinion and change their
venues to Herkimer county, or will look
for a different decision.
The Kimball Co. in Portland.
[Special to The Review.]
Portland, Ore., Nov. 12, 1898.
Edwin S. Conway, secretary of the W.
W. Kimball Company, of Chicago, was at
the Portland last Thursday. Mr. Conway's
visit to the Northwest at this time is for
the purpose of looking over the field care-
fully, with a view to establishing the best
trade connections for his company in the
Northwest. For a great many years past
this company maintained a Portland
branch, which was under the management
of L. V. Moore. This house was discon-
tinued early the present year. It is highly
probable that the Kimball Company will
re-establish a branch house here in the near
future.
Mr. Hy. Eilers, who has had immediate
charge of the Kimball Company's large
interests in this territory during the past
few months, has set forth the opportunities
which this field offers in such an enthusias-
tic manner to his principals that they have
wisely decided that Portland and its im-
mense tributary district are worthy of their
best recognition.
The Bankruptcy Rules.
The United States Supreme Court ad-
journed on Monday last for two weeks and
when it reassembles will announce the
Bankruptcy rules.
The Pioneer Music Trade Editor of the West.
tled on that day that the
new paper should not be
a society paper, but rather
a paper which should be
an exponent of the musical
West. That day marked
the entree of Orvin L. Fox
into the field of music
trade journalism for it
was the natal day of The
Indicator.
The trio of men who
that day gave support to
the embryo I n d i c a t o r
found that its editor,
Orvin L. Fox, was a man
upon whom they could
rely and their friendship
through all the interven-
ing years has broadened
and strengthened. Hora-
tius at the bridge across
the yellow Tiber had no
more gallant or loyal sup-
porters in '' the dauntless
three" than had O. L.
F o x , in h i s enterprise,
in the three noted music
men of Chicago who stood
shoulder to shoulder with
him in his early fight for
a musical paper in the
West, and it was en-
couragement that a man
needed in those early
days before the manufac-
OME eighteen years ago an athletic, turing industries in the West had com-
ruddy cheeked, bright eyed young man menced to develop. The Review feels
entered the store of Estey & Camp, Chi- that it is only right for the oldest music
cago. He had been engaged in publishing trade paper in the East to emphasize the
the city directories of St. Louis, Mo., and good work accomplished by its oldest con-
Nashville, Tenn. Also he had been doing temporary in the West. It needed a man
some newspaper work in Chicago. He of determination to build a musical trade
had the true newspaper instinct and he paper in those days and Mr. Fox possessed
saw what he believed to be a splendid the energy, the ambition, and he served
opportunity to start a society paper in the the interests of those Western men with a
Metropolis of the West. He called upon loyalty and a determination which it is but
the late Deacon I. N. Camp, whom he had fair to recognize. Orvin L. Fox was the
known in years agone in his native Ver- pioneer and he hewed the way where others
mont, to talk the matter over with him, as . have followed. In after years The Indicator
he was a man whose opinion he valued was broadened from a Western journal and
highly, and incidentally to suggest to him an exponent of Western industries into a
the advisability of having his business paper of national character and circulation,
card incorporated in the proposed news- received and read with pleasure and profit
by manufacturers and dealers in all sec-
paper venture.
tions of the country.
The name of the paper suggested by the
The Review believes in giving credit
young man rather pleased the Deacon, who
where
it belongs, and it is with pleasure
after a moment said:
that
we
extend congratulations to our con-
" Why not make it a musical paper in-
temporary
of the West, The Indicator, and
stead of a society paper? "
to
Brother
Orvin L. Fox, who has given
The young man replied that he had not
the best years of his life to valiant trade
considered that.
"Do you know Mr. Healy, of Lyon & service. May he long remain with us and
may the influence and power of his journal
Healy ?"
increase as we register the passing of the
"No."
"Wait until I put on my hat and coat years.
and we'll go down and I'll introduce you,
J. J. Looschen, of Paterson, N. J., has
then we'll go around and call on W. W.
rented
a store in the Penn Building, Erie,
Kimball."
They were warmly received by both of Pa., with the intention of opening a first-
these noted men of the West, and it was set- class piano store.
S
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