The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-27
Marine Court.
1uK CASE OF THE JENNY LIND cHOEUs SINGERS
N Before Judge Cowlss


1nK CASE OF THE JENNY LIND cHoEUs sISsgHs.
Before Judge Cowlss.
Nov 2s.-Jabs Miner VS. Gssrgs Ledsr.-Tu this
Gaze mace celebrated by the appearance 10 Court Of
Jenny Lind who subpoued BY the plaintiffs at
tern.y witness yet could not pfsve anything
teria to the issue, Judge Cowles gave his decision
He raid This sction was comm sncedby tn. pisin-
tia TO from the defendant (who the mi sal
conductor for the Jenny the services
OF Mrs. Teal Mrs. Philips, and George Philips, the
OF the lsttef chorus singers at the ssd
The plaintiff clsims title to this sam Of soney BY
virtue Of a assignment OF these claims by nrs Phi
lips and by Mrs Teal II ssppesred that Mrs Philips
10 femme sale having obtsines a divorce fr,m her
rsrid,ps WITH her husband IN wilIfamsburgh TIE sta
tutss OF s4s snd ls49 the projection Ct the
property Of married women does not eter the former
Ia control clam for hur services but the rt
sentirely vested In the husband she alone former
y cannot claim and recover for such services The ws
has power assign the same, and the ,lsntd oan-
not maintain her action for the services Of Mrs Teal
Mrs Philips ia spme sole and has perfect right to
assign her claim to the pIsntl under the statute and
Ia q competent wtpess in this action. Judge Grdlsy,
at special term Of the Supreme Court ia 9eptember
last. de cided follows "A party who makes bona
hde assignment OF Of action is u competent
witness behalf Of bis assignee In action brought
to recover such cause Of action The tact that the
signmspt made for the purpose Of enabling
the assRnor to become . witness. does not aner the
sny interest in tn. Claim except iof, ront;.y and
therefore she IL properly witness IL conceded
that George Philips is the infant son OF Mrs Philips and
that che has q divorce from hsr husband The mother
IL entitled to his vices and her assignment te the
plaintiff regular The decree of divorce Is not in
evidence which may contain provisions concer ming
the custody, &c OF this con- but of this the Court is
net advised and. therefore the evidence pronounce
ss last msntionsd As,isSmsnt valid and suiss.t
will consider the facts in the The plaintiff
claims that Mrs Philips and son, and Mrs al served
three nights each in the chorus. The witnesses Mrs
Teal Mrs Philips and SOD ell testify unhestatngly
an express employ ment Of all for the three concerts
testified clearly to the hs made with Mrs
PHILIPPE and Mrs. Teale, and testified that he only
agreed with them for one ooncert-that tbs lad was
to have no psy, but the privilege Of attending the
concert He further testified that he found them in
competent performers, and expressly told them he
would not require their services at any future concert
that might be appointed; they, however, made their
appearance at the second concert and they per-
mitted to enter the and remain durisg the
cert He paid them SIS, and told them be did so in
consideration of their pecunsry necessities which
received by them with mAnv expressions OF gratitude
IL ~ very difficult to arrive at satisfactory conclu
zion upon this contradictory evidence. The testi.
mony Of Mr.. Condor was given With great apparent
The may be raid the witnesses who testified to
an opposite state Of facts Neither have been i'm
Condor or his ts,timony the court is bound to give
effect to the eight of evidence.
The Court allows Mrs. PhiliPs's claim on her
On behalf Of her . NEUTRALITY-SUSPICIOUS.. IL 50
s27 so
From which deduct half Of the amount OF cash
received, ............... immunity
Balance ......... $40 90
Judgment for the plaintiff $40 and costs allowed in
favor Of the defendant about SCI the recovery not
being S25 No costs be allo wed the plaintiff
The fact that the trial the ais vocalist
Mise Jenny Lind ives examined as witness, and mag
uch the public mind msy not be correctly inform
ed this subject, the court feels II duty to this
distin surhed parsonage IRON foreign land and who
occupies high place In the estimation Of the Amer
people TO state Of the facts In rea tion to the
process OF attachment which issued to compel her
sttend.nce as witness This attachment was founded
alleged penal contempt on the part OF Miss Lind
In not obeying subpoena regularly Issued from this
Court spd personally served upon her. The cause
called for trial and the plaintiff refused to pro-
coed without the attendance Of Miss Lind There
delay Of tome tyS hSgr' s9d bs sns:s ant ant
fhovipg the personal service Of the subpoena.
An attachment was moved, which the Court ordered
rturnsble the following day on the return day tho
council for Miss Lind appeared and moved that the
attachment against her be Dismissed and also that
she be discharged from her thereon The Court
uphesit atipgly and Internationally, granted the