The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-21
Marine Court.
THE OPERA IN COURT AGAIN.
HcfnrA Hon Ind o Tao ~ ,.nn

bcfore Bon Judge Thompson.
Eeub Vtos aS Maurice Snakosch and B Ulimsn -
This action ID brought . CONTRACT entered oy sSd
between the plaintiff and defendants, by the termi q
which the plaintiff agreed sng FOR the defendant,
first baritone for months ,ons fore oar. Of
september, 1857 al the OF $3.50 u,outa Ia cur
sosnce o. This cement the pisnin attended rehear
represented VS.. rrovsoro" the plain IN pc
The Character or Count de Luni The leader or tbs orche
a testified that Al the rebea sal the snud sang 40 bsdr
Quence; that Ftzzoni and the entire troupe of singers
suthed a. the plaintiffs PEI formanoe and sft the stage
from the eefsndau,'s troupe sna. the aOood
anis, who were the managers OF the opera.
we're Obliged 20 engage another pc soa 70 a1s
be anntaer rehe.rss,, which cnt the deendant' slso
There other testimony 'urcducsd ny The defendant,
10 the e OF thst the pa,nrf ga Ia the hs o. staging
Of On the OF the pslnhG several wttno1es
ns6ed that they had heard the pdnt sing - Fore ace
,!pge- Mr. srak asch hal pa d the plaintiff hunired
so!ais .n the oont act betrs the rehe.s ont a's be
SaS 5s sys .1< ioge 81 me rssssss ws
nsaoa Of bis Contract and thai ne sSs not euaa.a .
recover and e. ~ o. .y counter 81 cl.m the sneaat
s0vancod O, the CONTRACT Ioeeker with $780, paid rv he
D. tao ooA-rhsrs ia dlspate tdA. the plantlr sang
OIL O. iJ1e al the rehearsal OK II tros store q. ae
AcAtsp1 OF Eoic II "a moi neces,sry to
Erv1 ar 4usaons Involving the sotdly oil the pillr
u A. singer There ~as unco .'sumopy In he
case lat veal 20 sno that, FOR new bali ner he
a. se- VI Knrcl pEome IL, the npe question Far us
10 Ter wae,her hc IL GG his contract, VIA sther ae
executed IN Part O. toe oresA At the sal vita IT,
~ y aud ability VIII " ,hsIss presu nss MN 70 posxn
from The mature or fs Undertaking Weave OF toe ooniop
liza d,d not The aerendants were entitled 20 u, a,
pcsfeSt dspsy OF scsl tk and sbs at the rehaar
al ~ shev And the .soas Of tha Opera might expect
pubic performance. The defendants not b,urt TO
run the hazard Of The plaintiff success before the pubs
They entitled to such eyidsnos of skil os
the r,hafsal ~ would furnish Them with acsseAbs
sudieOoe The defendants rcsond the TOE
Tie resson referred To- ana are bound 70 give
to sheir acts In doing Judgment therefore, for
PENDANTS.
Before Hon. Judge Thorn ,son and Jury
MONEY rRAHsACrIoNs-THs usUsY LAws-A Rsu-
DENT OF BROOKLYN WHO DOES BJs,Hsss IN TaIs
CITY CAN BIZ SUED HsRE.
Ediocrd Strong George hLss1ns and Ss1bufy Kiszm
Thu vas an action prcuissory moe nsde D. tlo d.
PENDANT George Hissan bearing ate April L. 1887 for
tae OF $s 49, pay able four months after dsts
ocsr Of end sed by the dsfcrdsn lea 1ury Ksssm
and g-cn 10 Albert r. Bsss for the OF being
s ps The oo. s s1s
Ksam the ground that be resided In the city OF r
sp, and not In the city OF New York, and should
been served with . short summons and sney jort,y
up the defence OF urury er the meet OF this
ecton the defendant, George KsAm, commenooi salt
the Supreme Cou In this oisu for the purpose OF
covering the aole, and eronisg the plAnin ths VA
rine Cour; from proceeding In this which Injunction
vas subsequently Dissolved BY Justice Davies on The
ground that the defendants had set mp the de,cnre
OF usury In this suit, and that complete deter nston
Of the question coud BE had Ii this Court Toe defendant
made preliminary motion TO dismiss the co nplsai.
he ground that this Court had jurisdiction RI the
fendspM II was admitted thai Georse Kasau resdea IN
The OF Brooklyn, ami also that be transacted bus
No 100 Front street In this city that had bsea
served with the process At his place OF busines. Mr..
Fredrioas, for the pAa conten led that for all l.gN
purposes person AneActng business In the City Of New
York was resid ut o. thai city The C1ur denied the
notion and ordered the defendant 10 proceed to tal
their defencelof usury appeares, from tue evil ieGcs,
That the NOE made by the defendants GEORGE Kssa "a
for the accommodation Of tho othsr defendant that ssA
bury Knsam gave The note to Albert K. 8su
for the puYpcse tf having disccunet; that
Bass emrloJed broker, who retained SIS
in add ton to tho interest," 60. the note discounted b1
the plaintiff II tie rata per Ia.
Court charged that dest legal inception attached TO the
roie when II discounted by plaintiff aud that
the Transaction n usurious The i-y rendered .
verdict In favor OF tie plaintiff the foil amount o; the
note And interest," bsDs S4T2 GO