The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-20
OUUtT OF OHANUEKY,
LONDON, April q, 1852. :

Drcacn OF COntrast-C0r1Ous develepo-
CoURT OF CHANoBRy,
LONDON, April 3d. 1852.
BEFORE VICE CHANCELLOR PARKER
Benjdnptn LsNpSLey, Plaintiff Johanna Wagner,
Albert Wagner, and Frederick Gp, Defendants. =
Mr. Bacon, @. c.. moved, the part Of the plaintiff,
for an injunction to restrain the defendants from
violating or committing any breach of the last ar
tcle Of an agreement entered into with him in the
month Of November last, that the defendant
Jahanna Wagner, might be restrained, in pursuance
OF that agreement, from performing at the Opera
House, COvent Garden at any other theatre,
without the permission Of the pli1ntif that Albert
Wagner might in like manner be restrained from
permitting or sanctioning Johanna Wagner from
singing and performing as aforesaid; and that the
defendant, Frederick eye, might be restrained from
johanna Wagner, at that or any other theatre.
during the period of her engagement with the
plaintiff, without the plaintiffs permission. The
application was grounded the facts stated in the
plaintiffs bill, and in tho aidavts made in support
of it. 1t appeared from the affidavit of the plain
tiff that in the year 1850 negotiations were opened
between Dr. Bacher of Vienna, and himself. to effect
an engagement with the defendant, Johanna Wag-
ner, to sing at Her Maicstys Theatre Haymarket;
that in the month of November, 1851, an engage
ment was concluded between him and DR.. Bacher,
rs tho agent of the defendants, Johanna Wagner
and Albert Wagner, for the appearance of the de-
PENDANT, Johanna at plaintiffs theatre. The agree
mont was reduced to writing, and was brought to
him ct Paris by DR.. Bacher. The following is a
copy at that agreement :
Tho undersigned, Mr.. Benjamin Lumey proprietor
Of her Macsy theatre at London and the Italian Opera
Mt Paris of the part and Mdlle Johanna Wagner,
Cantatrice Of the court Of his majesty the King Of Prus
sa with the consent of her father. NJ A. Wagner resid
dng 1T Berlin of the other part have concerted and
cluded tho following contract -First-Mdlle Johanna
Wagner binds herself sing for three months at the
theatre Of Mr. Lumey her Majesys theatre at London
to date from the LIST of April 1852 (he time necessary
for the journey comprised heren and to give the parts
following IL Romeo (Montecchi) q Pides (Prophete);
= . 4 r lica
@RObert 10 Dable); O. An opera, chosen by common
cord seoondiyThe three first parts must necessarily
sung and then only she will appear, if Mr. Lumley de
eres It, in the three other operas mentioned aforesaid
Wasner and any other cantatrce shall not presume to
sing them during the three month"; of her engagement
III Mr.. Lumey happens to be prevented, by any
whatever from giving these operas he is held neverthe
less to pay Madle. j. Wagner the salary stipulated
lower down for the number Of her parts as if she
had sung them. Fourthy-In the case when Mdle
Wagner should be prevented by reason of illness from
singing in the course Of month often it has
been stipulated. Mr.. Lumley is bound to pay the
salary only for the part sung Ffthly-Mdlle Johanna
Wagner binds herself to sing twice week during the
Of the three months however if she herself him
have the right to give ut later period the omitted
presentation. Sixthly-If Mde. Wagner. fulfilling the
wishes Of the direction consent to sing than twice
week in the three months this last will give Mdlc
Wagner ESQ sterling for each representation extra Sc
venthly-Mr. Lumey engages to pay Mdlle Wagner
place in such that she will flOO sterling
each week. Eighthly-Mr. Lumley will pay by letters
Of exchange Mdlle Wagner, at Berlin on the 18th of
be deducted from her engagement in his retaining E00
each month; Ninthy-In all cases, except that where
verified illness would place upon her hindrance. if
lde Wagner sha not arrive in London eight days after
that from whence dates her engagement Mr.. Lumley
will have the right to regard the appearance AZ
rupture of the contract. and will be able to demand
standardization. Tenthly-In the where Mr.. Lum-
ley should cede his enterprise to another he has the
right to transfer this contract to his and in that
Mdile Wagner has the same obligations. and the
same rights towards the last towards Mr. Lumley.
JOHANNA WAGNER.
Berlin, Nov. Q, 1851 ALBERT WAGNER.
On perusing that agreement defendant objected
that it did not contain usual and necessary clause
to prevent the defendant Johanna from exercising
her professional abilities in England during her en-
gagement with him, without his consent; whereupon
DR.. Bacher assented, the part Of the defendants
Johanna and Albert Wagner, to the introduction Of
the clause, and such agreement was handed over to
plaintiff by Dr. Basher, the agent of the said de-
fendants on plaintiffs signing and handing to him
another part thereof silar in all respects to the
signed by and on behalf of the defendants The
affidavit further stated that DR.. Bacher having in
formed the plaintiff that defendant, Johanna Wag-
ner, wished to have the time for her arrival in Lon
don extended from the LIST to the 18th or 10th of
April, the plaintiff gave his consent; and DR.. Baoher
informed the plaintiff that he had written to the de-
PENDANT, Johanna, at Berlin, the 10th of March
last to the effect that he had in his hands the sum
of $780, stipulated by plaintiff to be paid to said
defendant; that he ready to pay the same to de-
her to pay her the same, and accompany her to Lon
don, as had been previously arranged. The defend
ant stated to DR.. Bacher, in reply, that she would
be at Schwern up to the 18th OF March; that during
Passion Week she would be at Hamburg, and that
on the Monday or Tuesday afterwards she would be
ready to start to London, to fulfil her engagement
with plaintiff The affidavit further stated that
plaintiff was informed by DR.. Bacher that he wrote
TO defendant, Johanna, the I'd Of April, stating
that he would arrive in Hamburg during Passion
Week, to accompany her to London; that he arrived
there the 10th day of April, and having called
the defendants, Johanna and Albert Wagner, they
an agreement with the defendant, Frederick Gye,
the director of of the Royal Italian Opera, Covent
Garden, and that they felt that they had done
wrong; and plaintiff had also been informed by DR..
Bacher that no demand was ever make upon him for
the said sum of $500 by the defendants The plain
tiff further stated that the 9th of March, he re-
ceived the following letter from the defendant Al
bert
.ssr-From day to day it has been my daughters in
tenticn to write to you but young girl and singer
much occupied as she really is, very seldom finds the
necessary time to write letter. Nevertheless time
presses aud for THAT nd myself forced to
dress for her by writing to you that perfectly
well understood Intentions but what is to be done
The court and the direction Of press profit
still much possible Of the short stay of my daughter
in such that some time will be absolutely
for her both for repose after such aruou abors and
also to enable her to learn by art the italian words for
<des) her debut in London which her combined duties
have prevented her doing VIII you be good enough to
have the preparatory rehearsas of the Prophetic and
leave to profit by your consent and put off for fifteen
days the of the engagement so that it
should begin the 10th of April and continue until the
middle Of July! If you send the bill of exchange,
be good enough either to address it at this time to
Berlin. from (des) the I'd of April, to Hamburg to
Engol Co., Ferdinand street, where we shall remain
time with daughter and sister recently married
Accept. SC, (signcd) "ALBERT WAGNER
The plaintiff replied to that letter on the lth of
March, and stated that he had paid the Of e30O
to DR. Bacher, for defendant Johanna, and that he
had no doubt that before his letter reached defend
ant Albert, the sum would be paid over to defend
anti but to that letter plaintiff received no answer.
There was another letter which he (Mr. Bacon)
wished to read, and though it would interrupt the
reading of the affidavit it would not interfere with
the order of time 1t twas dated the 9th of Feb
ruary, and was written by Johanna Wagner her.
self to Mr.. Lumley
Mr.. Benjamin Lumley Director Of the Italian Opera
Paris -
"SrR-As a true Christian, acknowledge all my sins
and it lie not of the least have replied TO your
amabc letter. was daily the point OF doing it, bu,
thousand different things prevented me, bccam