Music Trade Review
Issue: 1901 Vol. 33 N. 25 - Page 5
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THE
fflW
flUJIC TIRADE
V J L XXXIII. No. 2 5 . Published Every Saturday by Edward Lyman Bill at 3 East Fourteenth Street, New York, Dec. 21,1901.
STRAUBE PIANO CO. WIN
In Their Suit Against Straubc Bros, Who Are Re-
strained Permanently from Using the Name
Straube in Connection With the Manufacture
of Pianos—A Victory for the Right:
[Special to The Review.]
Chicago, 111., Dec. 16, 1901.
The copy of the decree of Judge Oliver H.
Horton, of the Circuit Court, in the suit of
the Straube Piano Co. against William
Straube, Martin Straube and Charles Jacob-
sen, whereby they are restrained from using
the name Straube in connection with piano
manufacturing, is as follows:
The above matter coming to be heard, and
all parties in interest being present in open
court in person and by their respective solic-
itors,
The court finds, that it has jurisdiction of
the subject matter and of all the parties there-
to.
*
*
*
*
*
*
*
*
It is ordered, adjudged and decreed by this
court upon the above findings, and in pursu-
ance of the stipulation and agreement made
between the parties hereto in open court, that
the said defendants, William Straube, Her-
mann Straube, Martin Straube and Charles
Jacobsen, and each of them, their and each
of their attorneys, solicitors, agents and ser-
vants, be, and they hereby are forever en-
joined and restrained from engaging in and
from being in any manner connected with or
interested in, the business of manufacturing,
selling, or in any manner dealing in pianos
under the name of "Straube Brothers," or
under any name in which the name "Straube"
appears, and under any name in which the
name "Straube" forms a part.
It is further ordered .adjudged and decreed
that the said defendants above named, and
each of them, their.and each of their attor-
neys, solicitors, agents and servants be, and
they hereby are forever enjoined and re-
strained from engaging in or being in any
manner connected with or interested in the
business of manufacturing and selling, or
offering for sale, any piano or pianos upon
which is stamped, printed, lettered, stenciled
or in any manner marked or placed, the word
or name "Straube," or any name, mark or
device in which the name or word "Straube"
appears, or any name, mark or device of
which the name or word "Straube" forms a
part.
It is further ordered, adjudged and decreed
that the said defendants above named, and
each of them, their and each of their attor-
neys, solicitors, agents or servants, be, and
they hereby are forever enjoined and re-
strained from engaging in the business or
being in any manner connected with or in-
terested in, the business of manufacturing,
selling or offering for sale, or in any manner
dealing in any piano or pianos which is or
are sold or offered for sale as a "Straube"
piano, or pianos.
It is further ordered, adjudged and decreed
that the said defendants above named, and
each of them, their and each of their attor-
neys, solicitors, agents and servants be, and
they hereby are, forever enjoined and re-
strained from in any manner pretending or
representing to dealers, purchasers or to
others, that any piano or pianos manufactured
or sold, or offered for sale, or in any man-
ner dealt in by said defendants, or any of
them, or by any firm or corporation with
which said defendants, or any or either of
them are or is in any manner connected, or
in which the said defendants or any or either
of them are or is in any manner interested,
are the "Straube" piano.
*
*
*
*
*
*
*
*
And now the court finds that upon the en-
try of the above and foregoing decree, all of
the parties hereto now in open court, waive
and release all errors that may have inter-
vened in the above proceedings, and waive
and release any and all right of appeal from
said decree, and any and all right to have
said decree reviewed upon writ of error or
otherwise.
*2 oo l * b k V ts,AK.
SINGLE COPIES 10 CENTS
"I am one of the directors of the company.
There has not been a solitary directors' meet-
ing since D. C. Postle bought his holdings
Feb. 26th, 1901. The receivership was asked
for by Mr. Postle without a meeting or con-
sent of the directors or stockholders. Mr.
Postle has been in sole control and manage-
ment of the plant. The company is not in-
solvent, but in a very prosperous condition.
Mr. Postle could not have represented, at the
time of the appointment of the receivership,
more than one-fourth of the stock, while
three-fourths are held by the family. Mr.
Postle's attempt to saddle his private debts
and individual accounts on the corporation,
will hardly stand before any court of equity.
1 he whole affair was an attempt to freeze us
out of about $9,000, which Postle owed us.
The company can pay all legitimate liabilities
four times over.
"Though Mr. Postle, by his own sworn
admission, has proved himself a total failure
in managing the Wolfram Guitar Co., he had
THEO. WOLFRAM EXPLAINS
himself appointed as manager of the Wolf-
And Makes Motion to Discharge Receiver of Wolf- ram Guitar Co., under the receiver.
"This explanation should open the public
ram Guitar Co.—Some Serious Allegations
eyes in more than one way, and I think I owe
Made.
the statement to the legitimate creditors as
[Special to The Review.]
well as myself."
New Orleans, La., Dec. 16, 1901.
A motion has been filed by the attorneys CHANDLER W. SMITH'S NEW QUARTERS
of Theo. and Oscar Wolfram in the Com-
[Special to The Review.]
Boston Mass., Dec. 16, 1901.
r.:on Pleas Court for the purpose of vacat-
The
large
building on Boylston street
ing the order of the court in the Wolfram
which
stands
between
the Colonial and Boyl-
Guitar Co. receivership, and to discharge the
ston Place is promised to its occupants Dec.
receiver. It is contended that the defendant 31st, in order that Jan. 1st of 1902 may find
had no notice of a hearing, hence no opportu- them ready to conduct business. Chandler
nity to be heard on the question of the ap- W. Smith, who has been most seriously in-
pointmnt of a receiver. It is further declared convenienced, will have one of the most at-
that the appointment of Geo. W. Early as tractive stores on this notable piano row, and
the business that has come his way, even
receiver was procured by "connivance, mis- under these difficulties, has been of such a
representation and fraud." It is said that nature as to make his prospects for the new
Postle had the receiver appointed to avoid year look very bright. Mr. Smith is doing
being ousted from his position as general remarkably well with the Everett piano, and as
manager of the company, which, it is claimed, he is known to be a man whose entire busi-
ness life has been given to the treatment of
a majority of the stockholders contemplated. the highest grades in the piano world, there
Postle, it is alleged, dissipated the funds of is little doubt that the Everett will stand
the company to uses other than the payment where its merit demands that it should in
of its obligations. The company is claimed to Boston, as in every other center of art. Mr.
be entirely solvent, and it is claimed that Pos- Smith is also an enthusiast upon the sub-
ject of the Apollo, which he confidently ex-
tle is not surety for it on any notes, but that pects
to be a sensational success when he will
the indebtedness set forth in the application be where the instrument can be seen and
tor a receiver was made by Postle for his properly exploited. Mr. Smith has also put
own use, and not for the company, and that the Blasius piano on a firm foundation in
the company, instead of owing him anything, Boston, and upon a foundation which is val-
not alone to its circulation, but to its
is his creditor in a large sum. It is alleged uable
standing.
that the court had no authority, under the cir-
A. M. Wright spent a few days in Boston
cumstances, to appoint the receiver, and an
during the week. Mr. Wright was delighted
order to have him vacate is urged.
with the appearance of the warerooms and
Theo. Wolfram being asked concerning the is confident in the future of the Everett piano
difficulty of the Wolfram Guitar Co., said: with Chandler W. Smith,
THE
fflW
flUJIC TIRADE
V J L XXXIII. No. 2 5 . Published Every Saturday by Edward Lyman Bill at 3 East Fourteenth Street, New York, Dec. 21,1901.
STRAUBE PIANO CO. WIN
In Their Suit Against Straubc Bros, Who Are Re-
strained Permanently from Using the Name
Straube in Connection With the Manufacture
of Pianos—A Victory for the Right:
[Special to The Review.]
Chicago, 111., Dec. 16, 1901.
The copy of the decree of Judge Oliver H.
Horton, of the Circuit Court, in the suit of
the Straube Piano Co. against William
Straube, Martin Straube and Charles Jacob-
sen, whereby they are restrained from using
the name Straube in connection with piano
manufacturing, is as follows:
The above matter coming to be heard, and
all parties in interest being present in open
court in person and by their respective solic-
itors,
The court finds, that it has jurisdiction of
the subject matter and of all the parties there-
to.
*
*
*
*
*
*
*
*
It is ordered, adjudged and decreed by this
court upon the above findings, and in pursu-
ance of the stipulation and agreement made
between the parties hereto in open court, that
the said defendants, William Straube, Her-
mann Straube, Martin Straube and Charles
Jacobsen, and each of them, their and each
of their attorneys, solicitors, agents and ser-
vants, be, and they hereby are forever en-
joined and restrained from engaging in and
from being in any manner connected with or
interested in, the business of manufacturing,
selling, or in any manner dealing in pianos
under the name of "Straube Brothers," or
under any name in which the name "Straube"
appears, and under any name in which the
name "Straube" forms a part.
It is further ordered .adjudged and decreed
that the said defendants above named, and
each of them, their.and each of their attor-
neys, solicitors, agents and servants be, and
they hereby are forever enjoined and re-
strained from engaging in or being in any
manner connected with or interested in the
business of manufacturing and selling, or
offering for sale, any piano or pianos upon
which is stamped, printed, lettered, stenciled
or in any manner marked or placed, the word
or name "Straube," or any name, mark or
device in which the name or word "Straube"
appears, or any name, mark or device of
which the name or word "Straube" forms a
part.
It is further ordered, adjudged and decreed
that the said defendants above named, and
each of them, their and each of their attor-
neys, solicitors, agents or servants, be, and
they hereby are forever enjoined and re-
strained from engaging in the business or
being in any manner connected with or in-
terested in, the business of manufacturing,
selling or offering for sale, or in any manner
dealing in any piano or pianos which is or
are sold or offered for sale as a "Straube"
piano, or pianos.
It is further ordered, adjudged and decreed
that the said defendants above named, and
each of them, their and each of their attor-
neys, solicitors, agents and servants be, and
they hereby are, forever enjoined and re-
strained from in any manner pretending or
representing to dealers, purchasers or to
others, that any piano or pianos manufactured
or sold, or offered for sale, or in any man-
ner dealt in by said defendants, or any of
them, or by any firm or corporation with
which said defendants, or any or either of
them are or is in any manner connected, or
in which the said defendants or any or either
of them are or is in any manner interested,
are the "Straube" piano.
*
*
*
*
*
*
*
*
And now the court finds that upon the en-
try of the above and foregoing decree, all of
the parties hereto now in open court, waive
and release all errors that may have inter-
vened in the above proceedings, and waive
and release any and all right of appeal from
said decree, and any and all right to have
said decree reviewed upon writ of error or
otherwise.
*2 oo l * b k V ts,AK.
SINGLE COPIES 10 CENTS
"I am one of the directors of the company.
There has not been a solitary directors' meet-
ing since D. C. Postle bought his holdings
Feb. 26th, 1901. The receivership was asked
for by Mr. Postle without a meeting or con-
sent of the directors or stockholders. Mr.
Postle has been in sole control and manage-
ment of the plant. The company is not in-
solvent, but in a very prosperous condition.
Mr. Postle could not have represented, at the
time of the appointment of the receivership,
more than one-fourth of the stock, while
three-fourths are held by the family. Mr.
Postle's attempt to saddle his private debts
and individual accounts on the corporation,
will hardly stand before any court of equity.
1 he whole affair was an attempt to freeze us
out of about $9,000, which Postle owed us.
The company can pay all legitimate liabilities
four times over.
"Though Mr. Postle, by his own sworn
admission, has proved himself a total failure
in managing the Wolfram Guitar Co., he had
THEO. WOLFRAM EXPLAINS
himself appointed as manager of the Wolf-
And Makes Motion to Discharge Receiver of Wolf- ram Guitar Co., under the receiver.
"This explanation should open the public
ram Guitar Co.—Some Serious Allegations
eyes in more than one way, and I think I owe
Made.
the statement to the legitimate creditors as
[Special to The Review.]
well as myself."
New Orleans, La., Dec. 16, 1901.
A motion has been filed by the attorneys CHANDLER W. SMITH'S NEW QUARTERS
of Theo. and Oscar Wolfram in the Com-
[Special to The Review.]
Boston Mass., Dec. 16, 1901.
r.:on Pleas Court for the purpose of vacat-
The
large
building on Boylston street
ing the order of the court in the Wolfram
which
stands
between
the Colonial and Boyl-
Guitar Co. receivership, and to discharge the
ston Place is promised to its occupants Dec.
receiver. It is contended that the defendant 31st, in order that Jan. 1st of 1902 may find
had no notice of a hearing, hence no opportu- them ready to conduct business. Chandler
nity to be heard on the question of the ap- W. Smith, who has been most seriously in-
pointmnt of a receiver. It is further declared convenienced, will have one of the most at-
that the appointment of Geo. W. Early as tractive stores on this notable piano row, and
the business that has come his way, even
receiver was procured by "connivance, mis- under these difficulties, has been of such a
representation and fraud." It is said that nature as to make his prospects for the new
Postle had the receiver appointed to avoid year look very bright. Mr. Smith is doing
being ousted from his position as general remarkably well with the Everett piano, and as
manager of the company, which, it is claimed, he is known to be a man whose entire busi-
ness life has been given to the treatment of
a majority of the stockholders contemplated. the highest grades in the piano world, there
Postle, it is alleged, dissipated the funds of is little doubt that the Everett will stand
the company to uses other than the payment where its merit demands that it should in
of its obligations. The company is claimed to Boston, as in every other center of art. Mr.
be entirely solvent, and it is claimed that Pos- Smith is also an enthusiast upon the sub-
ject of the Apollo, which he confidently ex-
tle is not surety for it on any notes, but that pects
to be a sensational success when he will
the indebtedness set forth in the application be where the instrument can be seen and
tor a receiver was made by Postle for his properly exploited. Mr. Smith has also put
own use, and not for the company, and that the Blasius piano on a firm foundation in
the company, instead of owing him anything, Boston, and upon a foundation which is val-
not alone to its circulation, but to its
is his creditor in a large sum. It is alleged uable
standing.
that the court had no authority, under the cir-
A. M. Wright spent a few days in Boston
cumstances, to appoint the receiver, and an
during the week. Mr. Wright was delighted
order to have him vacate is urged.
with the appearance of the warerooms and
Theo. Wolfram being asked concerning the is confident in the future of the Everett piano
difficulty of the Wolfram Guitar Co., said: with Chandler W. Smith,
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