The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-02
Marine Court.


JUNE 1.-.4ngei0 Coppa and WIFE u.s. Thomas s. Haab-
Hn-This was action to recover $50, being weeks
salary for the services of Madame Ciocca defen-
dants theatre 1t appeared that the 26th of June
1S48, the plaintiffs and defendant entered into a
written contract whereby the plaintiffs covenanted
agreed that the space of one year.
at such time between the day Of the date Of their
contract and the first of September then next, Mr.
Hamblin should decide upon. for every week of
theatrical performance in that space of time perform
under the direction of the defendant, his deputy
ali such parts and characters in all theatrical per-
formances us shall from time to time be allotted to
Madam Ciocca to the best of her skill and ability in
every theatre belonging to defendant, in which he
shall require her services and that she should also at
t, nd all rehearsas and practices which should be de-
sired and directed by Mr. Hamblin, his deputy and
to conform and abide by all aud every the regulations
and penalties instituted by the said Thomas S. Hamb-
lin for the preservation of good government
and due attention to the business of the theatre for
which she was to receive the sum of $50 for each
that sum for a portion Of any week Of theatri.
cal exhibition that the theatre should be open
under the management Of the defendant the week to
consist of six nights of theatrical entertainment &c.
The plaintiffs alleged that Mr. Hamblin afterwards
discharged Madam Ciocca without reasonable cause.
The action Is brought the contract, to her
salary for week The defence set up, is that Mad
Cocca neglected her duties, by not attending rehearsal
ut the theatre, pursuant to agreement; that she
fused several occasions to dance in this city, and in
particular she positively refused to dance in pieces
got up by MIR Hamblin. That she refused to 20 to
Albany to dance with Mr.. Neary, whom Mr..
Hambln had engaged specially to dance there's in
sequence Of which, Neary's engagement fell through
IL,
he had to pay him according to the terms Of the writ
ten agreement between them. Mr. Hamblns counsel
commended that defendant not only had right to dis
charge her. but that under the code he entitled
to set off the he paid to Neary damages against
the plaintiffs claim. The plaintiff replied, that Mr.
Hamblin executed now agreement on the 23d OF No
vembor, in explanation Of the original agreement
whereby he agreed that he would not require her to
beyond Boston, Providence, and Albany; and further
agreed to pay her expenses going to, and returning
from, those places Plaintiffs counsel insisted that
that if she guilty Of any offences previous to the
laSt we cpudon mod
by 1t. French physician was also produced to prove
that upon the occasion complained Of by the defen-
dant of her having refused to dance) she unable
TO dc so, IN consequence oil spran IN her knee IL
also shown that another occasion when she did
not attend rehearsal at ten o'clock in the morning. that
there understanding between Neary, who
was TO dance with her, and Mr.. Stevens the deputy
manager that the rehearsal not to until
O'Clock in the afternoon and that Neary advised
her. The Judge charged that the claim was for the
week due ending the third OF May and that Hamblin
bound to call on her to perform that it not
enough for defendant TO show that she did not per-
form but that he should also show that he called upon
her TO perform, and that thc refused. lie further
charged In relation to her Sickness that If they be-
lcved she sick, she her recovery bound to
give notice that she ready to resume her profess
that she did give notice to the deputy manager and
II they believed the evidence, IL was good notice
He also charged the jury that the employment
Of plantn, by Mr.. Hamblin subsequent to the
alleged infections Of the rules, operated as con-
donation, and left the original agreement in full
forces that there nothing In the evidence TO show
that M Hambln gave any notice to the plaintiff
that he would avail himself OF the iuactions of the
rules the theatre to annul the agreement and that
Mr. fambin might now compel her to fulfil her engage
mcnt Upon The last question: viz that the illness Of
Madam Affected he left It to the jury say from
The evidence both sides, whether that sickness
affected or not If they believed it was, 1t would
unit to forfeiture OF the contract and the defen
dant would be entitled to verdict sealed verdict
will be rendered tomorrow (this) Horning.
Charge Of .fssduh ,cih Dangerous Weaqon.-David
Morse, frat mate Of the brig j. ~ arrested this
MOI ming and bedto bail in $780, charge of having
assaulted - Sect (coloredD cook OF said vessel with
a dangerous weapon,
MAJOR GIN. Wool The Troy Budget, of the
Goth ult, speaking of the appointment OF Gen Wool
10 the command OF the Western Military Division of
the army and Of his removal from that city, saws -
His gentlemanly bearing as an officer and citizen
dsars him to the heart Of every who has enioyod
lis acquaintance. IL gives peasureS to state how
ever, that wherever he may be called, he considers
Troy his home, and that his family will remain here,
and that his interest In the welfare Of our city remains
nor ever hal.