Information Regarding the Howard Sterling Company

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Re: Information Regarding the Howard Sterling Company

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Harry Osborne, formerly with the Whiting Mfg. Co., New York, and recently with the Howard Sterling Co., Providence, R. I., has accepted a position with the R. Wallace & Sons Mfg. Co., Wallingford, Conn., as western salesman. Mr. Osborne is one of the best known salesmen in the sterling silver trade, having had 24 years’ experience in this line of goods.

Source: The Jewelers' Circular and Horological Review - 6th January 1897

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WASHINGTON REAL ESTATE CO. v. ROGER WILLIAMS SILVER CO.

(Supreme Court of Rhode Island. Dec. 4, 1903.)

LANDLORD AND TENANT – LEASES – IMPLIED ASSIGNMENT – PRESUMPTIONS – RENT – MONTHLY PAYMENTS – TENANCY FROM MONTH To MONTH.

1. The presumption that a person found in possession of leased premises, having succeeded to the tenant's occupation without the knowledge or consent of the landlord, has taken an assignment of the lease, is prima facie only, and subject to be rebutted by proof that the occupant is a subtenant or licensee of the tenant, and is not bound by the terms of the lease.

2. Where a corporation to whom premises had been leased from year to year became insolvent, and its property was sold to T., who thereafter, sold the same to defendant corporation, which succeeded to the occupation of the premises, and thereafter paid rent monthly to plaintiff at the same rate as had been previously paid by the lessee, but there was no contract between plaintiff and defendant for the occupation of the premises, and nothing to show that defendant had notice that its predecessor had occupied under a lease from year to year, defendant should be considered as having entered under an implied license of the lessee, and thereby became a tenant at sufferance, and by Gen. Laws, 1896, c. 269, § 6, became a tenant from month to month by reason of monthly demands and payments of rent.

Action by the Washington Real Estate Company against the Roger Williams Silver Company for rent. A judgment was rendered in favor of defendant, and plaintiff petitions for a new trial. Petition denied.

Argued before STINESS, C. J., and TILLINGHAST and DOUGLAS, J.J.

P. H. Mulholland, for plaintiff. Doran & Flanagan, for defendant.

DOUGLAS, J. The plaintiff sues in assumpsit for use and occupation for the months of July and August, 1902, of a tenement in the city of Providence, belonging to the plaintiff. The defendant had occupied the, premises for several months, paying rent therefor monthly ($60 per month), until June 30, 1902, when it vacated the premises, having given notice of its intention to do so May 29th, claiming to be a tenant from month to month. The plaintiff claims that the defendant was a tenant from year to year, the year beginning on the 1st day of September. Upon this issue the jury found for the defendant, and the plaintiff asks for a new trial on the ground that the verdict was against the law and the evidence.

The rule is well settled that when a party is found in the possession of leased premises, having succeeded to the tenant's occupation, without the knowledge or consent of the landlord, he is presumed to have taken an assignment of the lease; but this presumption is prima facie only, and the party may show that he is a subtenant or merely a licensee of the tenant, and so not bound by the terms of the lease. 1 McA. L. & Ten. 795, 781; Williams v. Woodward, 2 Wend. 487; Quakenboss v. Clark, 12 Wend. 555; Kain v. Hoxie, 2 Hilt. 311, 316; Cross v. Upson, 17 Wis. 618: Welsh v. Schuyler, 6 Daly, 412; Frank v. N. Y., L. E. & W. R. Co., 122 N. Y. 197, 219, 25 N. E. 332; Dey v. Greenebaum, 82 Hun, 533, 31 N. Y. Supp. 610; Id., 152 N. Y. 641, 46 N. E. 1146. The question whether he holds by assignment is one of fact, although he is in possession, pays rent, and sublets. 1 Tay. L. & Ten. § 450, note 5. We think this case comes within the rule.

It appeared in evidence that no terms of letting and hiring were ever agreed upon between these parties, except by the presentation and payment of monthly bills. The premises were originally let by the plaintiff to the Howard Sterling Company for one year from September 1, 1895, at a monthly rental of $40. The rent was afterwards changed to $60 by verbal agreement. The Howard Sterling Company became insolvent, and suit was brought against it by creditors; and in this suit a receiver was appointed, who took possession of the leased premises and the property therein, paid the rent for two months, and sold the property to one Charles H. Tyler. The Howard Sterling Silver Company became incorporated May 9, 1901, and changed its name to Roger Williams Silver Company May 28, 1901. The plaintiff's officers were informed of the change of name. Soon after the defendant corporation was organized, it purchased from Mr. Tyler all the property of the Howard Sterling Company, including the accounts receivable, and took possession of the visible property at the premises in question, and entered into occupation of the same, and carried on business there. Nothing was said, at the time the defendant entered, about the terms on which the premises had been hired. When the next rent became due, the plaintiff sent a bill, charging the defendant, by name, $60 for one month's rent, and the defendant paid it; and so on, month by month, until the defendant sent its notice as aforesaid. We cannot say, upon this evidence, that the defendant became assignee of the lease to the Howard Sterling Company. It appears affirmatively that the defendant’s Officers were never informed of the nature of the tenancy of the former corporation, further than that the rent was $60 per month. The rent bills, which were among the papers of the tenant, gave no more information, and the defendant entered under no agreement with any one. We think the defendant, who entered by implied license of the lessee, became, at the most, tenant by sufferance to the plaintiff. Cross v. Upson, 17 Wis. 618. And out of this relation a tenancy from month to month, under Gen. Laws 1896, c. 269, § 6, arose, by the monthly demand and payment of the rent. Bishop v. Howard, 3 Dowl. & Ry. 293; Semmes Case, 14 Ct. C1. 493.

Petition for new trial denied.


Source: Atlantic Reporter - Volume 56 - 1904

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Re: Information Regarding the Howard Sterling Company

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Howard Sterling Company - Providence, R.I. - 1897

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The charter of the Howard Sterling Company has been amended in such a manner as to authorize the issue of $200,000 preferred stock and $300,000 common stock. It is reported that Joseph Bannigan has become a stockholder.

Source: The Jewelers' Weekly - 27th March 1895

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HOWARD STERLING Co.

One of the youngest silversmithing firms in Providence though among the foremost in the high standard of its products, is the Howard Sterling Co. Within the brief period of less than eight years this concern has developed by indomitable energy, enterprise and business sagacity from comparatively small beginnings into magnificent proportions. The firm started in 1878 as H. Howard & Co., in a room used as a manufactory and office, in the Dyer Street Land Co.’s building, and employed 15 operatives. At the outset they devoted themselves to the manufacture of plated
jewelry. The business rapidly increased and necessitated the enlargement of the manufactory and the number of employes was augmented to 175. In July, 1886, a department was established for the manufacture of wares in sterling silver. This department was conducted under the title of The Sterling Co.

During the Fall of 1888 the firm discovered that their combined industries had outgrown their limited accommodations, and on Jan. I, 1889, they removed to the Enterprise and Allen Green buildings on Eddy, Fountain and Worcester Sts. The third floors of both these buildings and the fourth floor of the Allen Green building were converted into a model factory. In January, 1891, the concern was granted an act of incorporation as the Howard & Son Co., and continued under that title until December, 1891, when the disposed of the plated goods branch of the business to another firm, and at the same time the name of the corporation was altered to that of Howard Sterling Co. From that time the entire attention of the concern has been devoted to the development of the silver department. The concern has ever exercised the best judgment and discrimination in the employment of none but competent and devoted assistants. The officers of the company at present are : Hiram Howard, president ; Stephen C. Howard, treasurer; W. Edward Fiske, secretary; Charles C. Wientge, superintendent. The New York salesrooms are at 860 Broadway, Silversmiths’ Hall.


Source: The Jewelers' Circular and Horological Review - 7th February 1894

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H. Howard & Co. - Providence, R.I. - 1879

H. HOWARD - A. NICOUD - A.J. SCHERRIEBLE

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Howard Sterling Company - Providence, R.I. - 1894


Design 23,389. BACK PLATES FOR RACKS

Chas. C. Wientge, Providence, R. L, assignor to the Howard Sterling Company, same place.

Filed May 10, 1894. Serial No. 510,798. Term of patent 3½ years.


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Nicoud & Howard - New York - 1879

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Howard Sterling Co. - Providence, R.I. - 1898

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Last Honors Paid to William Edward Fiske

Providence, R. I., Oct. 29.—Accompanied with most dismal and dispiriting weather, the funeral services in honor of the late William Edward Fiske, secretary of the Howard Sterling Co., were held Wednesday at 12.30 o'clock in the chapel of the Central Congregational Church, corner of Angell St. and Diman PI. The severe storm did not prevent the friends and relatives from attending in such numbers as to fill the auditorium. The company of which Mr. Fiske was an honored member were represented by a large delegation of employes, and several of the college class at Brown University, of which the deceased was a member some years ago, were also in attendance.

The service were conducted by Rev. Dr. Edward C. Moore, pastor of the Central Congregational Church, of which the deceased had long been a member. The floral tributes were exceedingly beautiful and many, including several offerings from employes of the Howard Sterling Co. Interment was at Swan Point cemetery, many friends following the funeral cortege in the pouring rain to the grave. The honorary bearers were George W. Parks, of Parks Bros. & Rogers; Fletcher Mason, Albert C. Day and C. W. Gilmore, of this city.


Source: The Jewelers' Circular - 2nd November 1898

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Maurice Stein will hereafter carry the well-known line of the Howard Sterling Co, in the Western States, Mr. Stein is well known throughout the trade, and will no doubt make a success with the new line. He has been engaged with the Wendell Manufacturing Co. for the past ten years.

Source: The Keystone - February 1898

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Howard Sterling Company - Providence, R.I. - 1893

'QUEEN'

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Howard & Son - Providence, R.I. - 1888

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An example of the work and mark of the Howard Sterling Co.'s, a server in the Washington pattern:

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Death of Hiram Howard

A prominent member of the manufacturing jewelry trade has passed away in the person of Hiram Howard, who died recently at Middlebury, Vt., at the age of 67 years. His connection with the jewelry industry dates back before the Civil War. The practical part of the business he learned while a young man in Providence, where he worked at the bench for several years. He afterwards went to New York and became connected with the firm of T. B. Bynner & Co. On the dissolution of the Bynner firm, Mr. Howard took up the gold chain line and afterwards changed to the watch importing business. Still later he became interested in the manufacture of jewelry at which he continued for some years. His next venture was in the manufacture of silverware under the name of Howard & Co. which title was later changed to the Howard Sterling Co. On the retirement of Mr. Howard from this business, it was reorganized as the Roger Williams Silver Co. its present title. Besides his business interests, he was also prominent in social and political affairs and was honored by being named as a member of the Rhode Island Commission to the World’s Columbian Exposition at Chicago. Mr. Howard was a member of many clubs and fraternal orders and was highly esteemed by all who knew him. He is survived by a widow and one son, S. C. Howard, who is vice-president of the Wilcox & Wagoner Co.


Source: The Keystone - April 1907

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Howard and Son Company - Providence, R.I. - 1891

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The Sterling Company - Providence, R.I. - 1891

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PROVIDENCE

Parks Bros. & Rogers have removed from the seventh to the sixth floor of the Manufacturers’ building, 7 Beverly St.


Source: The Jewelers' Circular - 11th October 1928

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