The talking machine world (Jan-Mar 1921)

164 THE TALKING MACHINE WORLD March 15, 1921 —HUM IMPORTANT jCOURT RULING Appellate Court Finds Error in $2,000 Verdict Against Victor Co. Under Anti-Trust Laws MARCH PROSPECTS ENCOURAGING Dealers in Canton, O., Report Progress — Klein & Heffelman's New Building — Other Items The United States Circuit Court of Appeals at Philadelphia handed down its opinion in the appeal of the Victor Talking Machine Co. from judgment of $2,000 entered against it last May in favor of Louis Kemeny, of Perth Amboy, N. J. Kemeny brought suit in October, 1918, in the United States District Court for the District of New Jersey for $300,000 as trebled damages under the Anti-Trust Laws, alleged to have been suffered by him as a result of his suspension as a dealer in Victor talking machines in March, 1917. The trial of the case occupied two weeks, commencing March 30, 1920, the complainant's claim being vigorously contested throughout. Kemeny admitted extensive price-cutting in the year previous to his suspension and other violations of the license agreement in force at that time. The result of the trial was a verdict for the plaintiff in the sum of $666.66, which, trebled, amounted to $2,000. The Appellate Court now finds that the trial judge erred in permitting a recovering for anticipated profits which the plaintiff claimed he would have made if he had not been suspended, and holds that Kemeny must accept a reduction of $1,000 in the amount of the verdict or the judgment will be reversed and a new trial granted. Canton, O., March 8. — After experiencing one of the slowest Februarys in many years Canton music dealers are encouraged over prospects for March and report increased activity in the talking machine and record business since the first of the month. E. J. Heffelman, head of the Klein & Heff elman Co., which is now completing a $500,000 seven-story department store building at Market avenue N. and Fourth street, told The World representative that the new store would open to the public the last of this month. The exact date is not yet .determined. With the opening of this store the three individual stores of the company here will be consolidated under one roof. The -music store at Market avenue N. will be the first to vacate its present quarters. In the new building there will be more spacious warerooms and adequate booths to care for the rapidly expanding business. Many innovations in music store equipment will be available. — The Van Fossen-Smiley Piano Co. opened its new store in South Market street last week and is now firmly established. Associated with S. B. Van Fossen, president of the concern, are five other well-known music store men of many years' experience in various phases of the game. This store announces it has taken over the agency for the Sonora phonograph. The William R. Zollinger & Sons Co. was congratulated for its unique window display in its music department Washington's Birthday. The window was appropriately trimmed and the whole window devoted to the exhibition of the latest Victor records. All Canton is agog over the announcement that Earl Fuller's Novelty Orchestra, with Earl Fuller himself, will appear here Wednesday evening, April 13, under the auspices of the Canton Elks lodge. Dealers here plan special displays and a newspaper advertising campaign boosting Victor records. It will be the first appearance here of the well-known orchestra and its leader. SUES ON JOHNSON RECORD PATENT On March 8, 1921, the Victor Talking Machine Co. filed its bill of complaint against the Brunswick-Balke-Collender Co. in the United States District Court at Wilmington, Del., in which State the Brunswick-Balke-Collender Co. is incorporated, for infringement of the Johnson cut record patent, No. 896,059, dated August 11, 1908. Injunction is sought against the manufacture, sale or use of the Brunswick lateral cut record in violation of the Johnson patent, together with an accounting for damages and profits. The Victor Talking Machine Co. has declared a quarterly dividend of $10 a share on the common stock, together with the regular dividend on the preferred stock. This handsome metal enamel display stand holds 60 packages. 2 doz. extra loud, I doz. medium, and 2 doz. loud; each package containing 50 WALL KANE NEEDLES, retailing for 15c. Price of Stand to dealers, $4.60; $4.90 Far West. Single packages, 7</2o; Bo In the Far West. WALL -KANE NEEDLES One of the important reasons why you should sell Wall-Kane Needles is: They have made good. On the market for many years and the demand for them is greater than ever before. Attractive display containers, each holding 100 packages of a tone of WALL-KANE Needles, cost the dealer $7.50; $8 in the Far West Some Jobbing Territory Still Open PROGRESSIVE PHONOGRAPHIC SUPPLY CO. 145 WEST 45th STREET NEW YORK CITY