The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-09
TIE LAW coU r r S
The Great Monkey Suit.

pication or an Injunction against the monkeys, and
Of Tie temporary injunction order served on the di-
Jcciofs.-
u THE srrTEIoR coURT on THE CITY oFNEw YORK.
en- and C0t,,fy AZ Mar York, IS M lnhac
BIO gan. James FtSttr jr,, Pauijna MWgqn and
.Iayut, C0lss. against Gn,tarlts l.. Brooke, ITd-
ham Nibio and Charles HoHaf- Matthew Morgan.
james Foster, junior, Paulina Morgan and James
Coles. plan ls in this action by Butler, Evarts and
Sou hina, q. then attorneys, complain OF Gustavus
v Brooke, William Nibo and Charles Donetti. de-
PENDANTS therein, and thcleupon the said plaintiffs
stale
That they are the owners Of certain lot or
piece ot ground, situate on the northerly side of
AStor flace, in the city of New York. with the
buildings thereon erected. commonly called aud
known as the Aston Place Opera House, aud also OF
certain scenery, furniture and fixtures theren tAat
by certain agreement ~ writing bearing date on
the first day Of May, one thousand eight hundred
md tfty.tWo. they let and rented unto the defen-
dant Gusiavus v Brooke, the said opera house,
scenery, furniture and fixtures for the term of three
Eouths from said iist day OF May, at n certain rent
thereby reserved, and Is the said agreement il was
expressly provided that tie said premises should be
used by the sud Brooke during the said term. for
theatrical representations Of the most respectable
XII only, ana not Tor any purpose which would be
proiu0clal or injurious 10 the said premises and
tbat he should not underet the said premises. or any
part thereof. for any purpose whatever, without
bist obtaining the CONSENT in writing. of the plain
tits thereto, and that, at the expiration OF the
tern, lie would surrender the said opera house, and
denver ~ ire sald scenery, furniture and fixtures
IN the : me order and condition they were in a.
ths making al said agreement. reasonable use and
wear thereof. AID damages by the elements except
ed. and the sad Gustayus V. Brooke did thereby
expressly agree 10 hire said opera house. scenery,
fuiritule and fixtures. upon The conditions afore-
saic m ~ perform and fulfil everything ON lis part
IN the SAID agreement contained.
And the SAID plaintiffs further state that under
She SAID agreement, the said GUStayus V. Brooke
entered iato possession Of tie said opera house,
scenery, furniture ana fixtures, and commenced
giving Ia salG opera house series cf theatrical re-
prtscrtations. OF regular and legitimate character
such as are commonly given in theatres of respect
able character and staining, the said Brooke. who
Is by rfottsslou raged.an aud of fair repute, as
tuch being one Of the principal performers. but that
h has now coased giving such representations in
SAID oTela house. ana transferred the company who
were employed therein, to another theatre; and
without the consent of the plaintiffs. any of tAem
has. as the lain ifs are informed and believe made
some ar a. cement or agreement with the delendants
william hib.o and Charles Donetti, or some of them,
(the particulars OF he said agreement being un-
known 10 tie plaintif-,) for tie exhibition Of the
performances hereinafter mentioned. and in which
she said defer dants are now abont to exhibit, in
said opera house. series of pantoninic perform
nuces by troupe Of animals consisting Of MONKEYS
dogs and goats, styled "Donetts troupe OF per-
forming animals and have publicly advertised the
tTst Of such performances TO take place on the
evening ii the seventh day OF June instant
And The plaintiff, further state that the said ope-
IA house IL an extensively constructed building fur
Bishod fitted. and decorated with taste and elegance
OF Italian operas III the best style. and has hitherto
been maintained and is intended by the plaintiffs
to be continued, rs place OF resort for the more
refined class of the community, and that the plain
tits since the erection thereof have ever seduousy
guarded the same from being applied to any purpose
inconsistent with or priudical to its character and
reputation as such place of resort that the said
GEstaNus V, Brooke. upon applying for the said
lease thereof stated his purpose TO be to bring out
therein series OF dramatic performances, consisting
chiefly OF tragedies. under his own immediate
agem,nt hinselt bcirg principal performer; and
the iants granted said lease upon the understand
Hg that said premises to be used for such pur-
pose conceving the professional reputation of said
Brooke TO be guaranty for the res ectabty of the
performances TO be brought out under his direction
ant in which he should take part as aforesaid
And the plaintiffs further state, that the perform
anees now proposed TO be given in said opera house
by the SAID troupe Of animals net of the charac
ser stipulated for by the said lease that the same
are Lot theatrical representations Of the most re-
Specialize kind, but axe wholly unsuitable and unfit
10 be brought cut IN said opera house. or in any
theatre OF its class, thai the same if allowed
be given. wall be greatly pro judicial and Injurious to
chs said demiseu premises and VIII seriously impair
the reputation of said house, and lessen the value
thereof 10 he said plaintiffs
And the plaintiffs further state, that they are in
formed by tie keeper Of the said opera house. and
verify believe. that the said troupe Of animals were
on the Giib day Of June instant, brought into the
saId opera house. and placed in one OF the apart
ments thereof. and the plaintiffs understand and
believe tlat the said def ndauts intend to keen said
ANIMALS IN said house, while il is devoted by them
the aforesaid purposes. And the plaintiffs say,
that apart from the loss ef character which said
house VIII sustain from The exhibition of the aiore-
said performances, the said house. and the scenery,
furniture. and fixtures thereof, will sustain very
considerable physical damage by the keeping of the
Said troupe Of animals therein by Of the dirt
and unTt asant smells accustomed thereby, and the
other damages necessarily incident to the placing
and keeping said animals in apartments furnished
and designed for purposes Of a character so widely
different.
And the plaintiffs further state, that the defend
ant, William Niblo, Is himself the proprietor Of n
theatre in the city Of New York, and that, rs the
plaintiffs believe be has made the arrangement with
said Brooke to obtain the said opera house for
Abe performance Of said animals in order to save his
own theatre from the damage and loss Of repute
which would lie occasioned by producing the said
performances there. and that part of the arrange
Ment, the said Brooke has removed his company Of
tragediaDs hitherto performing Mt the Astor Place
Opera House. to the theatre of said Niblo
And the plaintiffs further state that they have ap-
piled 10 the said Gustavus Brooke. and requested
him to desst from deyoting the said opera house
o. permitting the to be devoted TO the purposes
herein complained of. but he has declined to com
ply with such request, and they have proposed and
offered to hm to resume possession of said house,
and relieve him from the further payment Orient, to
which proposal he hes declined to accede
The plaintiffs thercupon demand Judgment chat
the defendant, Gustayus Y. Brooke. lie perpetually
enioined and restrained from undeIletting the said
demised premises without the consent in writing Of
the plaintiffs thereto; and that the defendants in
this action, and each Of them, be perpetually en-
Joined and restrained from using the said Astor
Place opera house for any other purpose than theat
real representations Of the most respectable kind
or for any purpose which would be prejudical or in
furious to said dcmised premises, aud particularly
from using the same for the performances by the
aforesaid troupe Of animals. and from keeping the
said any other animals in said house, and that
the defendants pay TO the plaintiffs the damages by
ihem sustained by reason OF the introduction OF said
troupe 81 animals in said house and that a tempo
faTy Injunction by order, may be granted restrain
ing the defendants, and each Of them and their
agents. from exhibiting in said opera house any
performances by the aforesaid troupe of animals, or
by any monkeys, dogs, goats and from placing
or keeping any such animals in said house: and that
The plaintiffs may recover against the defendants
their costs in this action, AID that they may have
such further, that they may have such other
judgment or relief in the promises as may be proper
BUTLER. EvARTs, l. SouTHMAYD
Plaintiffs Attorneys.