Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1839-05-18
Colburn as. Marratt--ThePhant ship.
From the London Sun, Feb I6.


VICE CHANCERY-THI DAY-Mr. Sharpe
this morning moved on behalf of Mr..
Colburn, the publisher, for an erparte
injunction against Captain Marryatt, I'M
der the following circumstances. The
affidavit in support of the motion. stated
that Mr.. Colburn was the publisher and
proprie tor of the "New Monthly Maya
zine;'' that between the month ofMarch.
1887. and February 1888, Captain Mar
ryatt wrote for that work a series of ar
ticles, which were the commencement of
a tale called The Phantom Ship"
Those articles appeared in ten numbers,
and tho os~~e.aent bot~~~o. Mr. Colburn
and Captain Marryatt was, that those
articles should appear in the Magazine,
but that the copyright subject TO the
publication should remain in Captain
Marryatt. The last of those articles
appeared on the LIST of February. 1888.
about one half of the tale being then on
ly completed. There was nothing fur
Their published until the 18th January.
1889, when Mr.. Colburn agreed to pur-
chase of Captain Marryatt the exclu-
sive copy right not only of the articles
that had been published, but of all those
that were about to be published.
The work to consist of three volumes
post 8vo. of at least 800 pages each
volume, and 90 lines each page. Mr..
Colburn also agreed to pay Captain Mar
ryatt by bills at nine, twelve, and fifteen
months, from the date of the agreement,
the sum of ESQ, and was at liberty to
print and sell for his (Colburn's) sole
use and benefit, 1,75O copies, free of
any further charge to him, and after
the 1850 should have been sold, he was
to be at liberty to print as many more
copies as he pleased during the remain
der of the term of three years. on pay
ment of the further sum of ESQ. The
work was to be published at the time Mr..
Colburn might think most advantageous.
but the period was not to be protracted
beyond the first of October next. Not
wlthstanding this agreement, yesterday
morning Captain Marryatt sent Mr..
Howard to Mr.. Colburn, intimating that
unless he would consent to some farther
terms for the benefit of Captain Marry
att, 1t was the intention of the Captain
to send the manuscript copies of the re-
naming unpublished part of the work
to France and the United States, and to
sell and dispose of the same, so that the
whole work might be published in those
countries before the completion of the
story could be published in this country
by Mr.. Colburn. Mr.. Colburn remon-
strated, but was told that Captain Mar
ryatt had been advised by his solicitor
that he was at full liberty TO sell the
work either to a Partisan or an Amer.
can publisher. M. Colburn, bv his az.
fidavit, swore that he believed Cantain
Marryatt was about to send comics of
his work to America and France. and
the bill the refore prayed that the defen-
dent might be ordered to perform the
agreement, and restrained from selling.
or disposing of, or parting with, to any
other person than the plaintiff, copies of
the work
The Vice Chancellor, after reading
the agreement, ordered the injunction.
and observed :-SIt appears to me to be
most dishonest act. There NAV be
something more in the case than AZ
present am aware of, but as it is presen-
ted 10 me, it appears to me to be an ex-
tremely proper case for an Injunction.
Mr.. Sharpe assured his honor that he
had stated the whole of the Case.
The London standard of February
10Th, has the following letter from Cap-
tain Marryatt to the Vice Chancellor
No. 8, DUKE STEET, ST. JAMEs.)
Monday, Feb. 18.
SlR'-Ihe newspapers of this day,
ai'hougn their versions vary a little, all
report that, IN granting an injunction
against me, You have coupled my name