Music Trade Review

Music Trade Review -- © mbsi.org, arcade-museum.com -- digitized with support from namm.org
THE
MUSIC TRADE
REVIEW
THE CORLEY CO. ORGANIZED
MUST NOW FILE ANSWER TO SUIT.
And Doing Business in Richmond, Va.—Take
Over the Cable Piano Co. of Which Mr.
Corley Has Long Been Manager—Will Con-
tinue to Handle Same Line—A Recognition
of Mr. Corley's Indefatigable Labors.
Appellate Division on Friday Affirmed Judge
Cohalan's
Decision
Overruling
Demurrer
of Musical Courier Co. in the Suit for Libel
Brought Against Them by Lyon & Healy.
In the appeal of the Musical Courier Co. from
the decision of Judge Cohalan of the New York
Richmond, Va., Oct. 1C, 1911.
Supreme Court, overruling their demurrer to the
J. G. Corley, former manager of the Cable Co., and complaint of Lyon & Healy, Chicago, in their libel
later president of the Cable Piano Co., Inc., of Rich- action against the Musical Courier Co., the Appel-
mond, Va., lias just organized the Corley Co., Inc., late Division on Friday last affirmed Judge Co-
with capital stock halan's decision. It is now necessary for the Mu-
of $200,000. Mr. sical Courier Co. to file their answer.
Corley has associ-
Judge Cohalan's decision in July, which the Ap-
ated with him men pellate Division refused to change, was as follows:
of prominence in
"An application for judgment overruling demur-
business and social rers, under section 970 of the code of civil pro-
fircles in this city. cedure. The action is for libel. There are six ar-
The Corley Co. ticles complained of, and they are set forth in six
have purchased of separate and distinct causes of action. The de-
the Cable Piano fendant demurs to each one of the six causes of
Co., of Richmond, action, alleging that they do not state facts sufficient
p i a n o s , organs, to constitute a cause of action. The plaintiff al-
musical merchan- leges that each of the articles is of such a character
dise, furniture, fix- as to directly and injuriously affect its credit and
tures a n d good directly cause pecuniary loss, so as to make the
will and will con- articles libelous per se.
tinue to handle, as
"The plaintiff was organized in 1889 for tire pur-
heretofore, t h e
pose of succeeding to a business, theretofore con-
J . G. CORLEY.
complete C a b l e
ducted by a copartnership existing under the name
line, Mason & Hamlin pianos and organs, also the
of Lyon & Healy, twenty-four years prior to that
Schubert pianos.
time. The house has always had an established
This is following out the well known policy of
business reputation. The innuendo alleges that the
the Cable Co. to give everyone connected with it plaintiff was engaged in vending pianos that were
an opportunity to reap the fruits of His success. fakes, frauds, and illegitimate products, and were
The Cable Co., and later the Cable Piano Co. dealing in a nasty counterfeit article, a proclaimed
of Richmond, have done an immense business dur- swindle. The articles in the other five causes of
ing the past years in Virginia and North Carolina. action are reasonably susceptible of the same innu-
Mr. Corley, at all times the head of the business endo, and the charge of fraud is in each case well
in that territory, has prospered with the company, supported. A corporation is libeled when the
until he is now able, as noted above, to form his charge, if untrue, would directly and injuriously
new corporation, taking advantage of the policy of affect its credit and cause pecuniary losses.
the Cable Co., and is to be congratulated on his
"The charge that the plaintiff is practising dis-
substantial success. The Cable Co. interests, honorable means of obtaining patronage; that it
under the management of Mr. Corley for many deceives and takes advantage of its customers un-
years, have won an enviable position in the piano, doubtedly injures the reputation of that corpora-
organ and musical merchandise business in Vir- tion for proper and honest business methods. The
ginia and North Carolina, and the new company, fact that defamatory words are commingled with
under his continued management, will undoubtedly matters of a complimentary nature does not ren-
do the same great business, and prosper in the der them any less actionable. Such remarks do
future as the former companies have in the past.
not condone nor mitigate, nor palliate the defama-
tory portions of the article. Motion overruling de-
murrers granted, with $10 costs. Settle order on
HENRY LINDEMAN INJURED.
notice."
Veteran Piano Manufacturer Suffers Severe
Nathan Burkan is the attorney of record for
Accident—Physicians Say He Will Quickly
Lyon & Healy.
Recover Owing to His Wonderful Vitality.
(Special to the Review.)
Henry Lindeman, president of Henry & S. G.
Lindeman, New York, tripped and fell down a
flight of stone stairs in the new factory late last
Saturday afternoon.
He was for a short time unconscious, and at
first it was considered that the accident was of a
rather serious character; but it fortunately devol-
oped later that no bones were broken, and the phy-
sicians advise with but a few days' rest he will be
back attending to his regular duties.
Henry Lindeman, although well advanced in
years, possesses wonderful vitality—in fact* he has
the spirit and elasticity usually found in men
twenty-five years younger; and, owing to his splen-
did physical attainments, there seems to be no
question as to his complete recovery.
TO OPEN PIANO DEPAETMENT.
W. H. Lehman, who is held to be the oldest
piano dealer in Iowa, has for several years occu-
pied quarters in the Grand department store in
Des Moines, but recently decided to move to a new
and independent location in the Des Moines Club
building in that city, as was' announced in The
Review. It is now stated that the Grand de-
partment store will establish a piano department of
their own at an early date.
R C. Newach, of Milwaukee, was recently ap-
pointed manager of the Geo. W. Getts piano house
in Grand Forks, N. D.
BOOTHE NOT WITH DOLL.
New
York
House States That the
Printed Is Incorrect.
Five years ago the
advent of the Victor-
Victrola created a sen-
sation. It revolutionized
the talking
business.
machine
It stirred a
new world-wide interest
in music. It added an
unique and profitable
branch to the musical
instrument industry.
Today the Victor-
Victrola is c r e a t i n g
another sensation. The
introduction of the new
popular- priced models
Report
In an article which appeared in The Music
Trades, of October 14, it was stated that Edwin M.
Boothe had been employed by Jacob Doll & Sons,
New York, as road representative.
Jacob Doll & Sons have asked The Review to
print a statement positively denying that any such
connection has been made between themselves and
Mr. Boothe.
TAKE ON NEW LINES IN NEWARK.
Hahne & Co., who conduct a large department
store in Newark, N. J., and who have successfully
handled the Hardman, Peck & Co., Kranich &
Bach and Henry & S. G. Lindeman lines' in their
piano department, have recently secured the agency
in that territory for the Mehlin and Hazelton
pianos. C. B. Moon is the manager.
now puts a genuine
Victor -Victrola within
the reach of all.
They
offer to every dealer
additional opportunities
for profit and prestige.
Victor Talking Machine Co.
Camden, N. J., U. S. A.
TO RETIRE FROM BUSINESS.
H. A. Stone, Vandalia, 111., is closing \out his
large stock of pianos, talking machines, sheet
music and small goods at low prjcefj, and an-
nounces that he will retire from the business owing
to ill health.
••.= -^ ^ ^ .
Berliner Gramophone Co., Montreal,
Canadian Distributors.
;
Always use Victor Records played with Victoi
Needles—there i s no other way to get the un-
equaled Victor tone