The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-15
THE LAW COURTS.
Marine Court.

THE LAW COURTS.
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Marine Court.
Before Hon. Judgs Thompson.
THEATRICAL DIsPUTEs-wHAT CONSTITUTES A ORA.
MATIC SEASON.
ARf1L l4-Davsd Laude1back rs. WiIia'n Z. burton
claim in this action for salary alleged to be due 10
mes Canol actor professional services rendered
him 10 the defendant which claim assigned TO the
laintif The court room densely crowded. There
zero present many OF the most eminent actors and
anagers In the city. In fact one might fancy himself
tho greeuroom Of theatre, rather than in q sourt.
THOnrsoN, 1.-THE testimony In the case is quite con-
cting the facts las feel bound To find them)
August last 70 play his theatre for the ensuing fall and
ipter SEASON. Of salary Of twenty i've dollars per week.
fer playing for five weeks and up to the second day Of
ctober the theatre was suddenly closed ana Mr. Canol
schasged The important question to be determined re-
tes TO the egnifca0n Of the term, fall and winter
M applied to For the
hippeodale Fisher, Davidse and Bland, 10
Pthsr with MISS Mary Miller, all Of them
cupyipg various positions in the dramatic world test
ID that the term 'fal and winter season. possesses
sitive definite import amongst the members OF their
ofcsai0n and that was understood to embrace pe
cd between the first of September and the mddie OK
o. the other hand Messrs Burton, Fox, W. Moore,
wyne Eddy and John Moore, actors and managers, az
rmed in substance, that the torn was scarcely ever
the period Of time indicated by the witnesses for the
xinua. But the weight OF evidence is Clearly 70 my
ind in favor of the position assumed by the plant
ut the term "faI and winter season. embraces period
about forty weeks, beginning on or about the first Of
ptember In ordinary usage the term is OF course vel
but for the OF this II must be
pped in the sense 10 which ID generally recevei by
e members Of the theatrical profession. wide Q, Kerr
IN, 46 Hill Addison Con- 1856; Barb 300 Sand;
%; e o. smith rs the plaintiff is, therefore, enti
ed to recover the weekly salary duo Mr. Canol tho
IN day Of March last, with the exception of Sl54 re-
lived by him from o temporary engagement in Noyem-
Ds-amountiDg TO $i2l. Judgment accordingly.
SINGULAR CASE OF ASSAULT AND BATTERY.
NooSan u.s. Rhinelander long since the defendant
w the plaintiff in pursuit of young man, when both
tered into coal Office n Eleventh street The plain
followed the twain into the Office, and seeing the de-
ndant 10 the act of beating the youth whose faco
overed with bood) told him not TO kill tho lad, where
pom the defendant struck the plaintiff two three blows
the face and breast The lad whom the defendant was
iasng, seems, had accidentally hit the defendants hat
ith raised umbrella, and being asked what he meant
Il, replied to the defendant with very 0pprObrious
hhet This led TO the chasing OF the lad BY the defen-
mt into tho Office referred to, when the assault COM
aimed Of took place. The Court gave judgment for
antif for 500.
SUIT BETWEEN WIDOWS.
APRIL 14-Fsances g. Mitchell Us. Letitia Groues.-The
rties 10 the suit both widows Tho plaintiff Is doc
ress the defendant boarding house keeper and resides
No 10 st. Marks place. On the 2st OF December last
the plaintiff passing the delendants residence she
cd on gtAte covering which slipped aside, when her
ght leg passed down INTO the vault brusing her thigh
omach ana groin She has not yet recovered from tho
cident Judge Thompson remarked, in deciding the
se, that the plaintiff WAS clearly entitled to recover
images that the defendant servants guilty
gross negligence in not securing the covering to the
oud be made Of persons guilty Of such neglect other
se the numerous vault holes on our sidewalks might be-
me murderous man traps. Judgment for plaintiff for
90 and costs.
Before Hon. Judge Mccarthy.
ACTION FOR sERvICEs-CoUNrER CLAIM.
Theodore Fhve u.s. Mark j. King.-Ths action was
ought to $500, for dressing and dycing
r. Of mink skins for the defendant.
Tho defence set up that between oath Of August and
th Of September last, the plaintiff received from the
PENDANT three hundred and seventy nine mink skins, to
dressed and Dyed that plaintiff has refused to return
hundred and forty Of the same; that at the time they
re worth IN the aggregate St40 and further In c0nse
OF such detention tho has passed by, aud
supply his customers defendant was obliged TO pur.
elsewhere at an increased price, and was damaged
such detention 81 80 EACH which, together with their
ue anouhted to $500, which he sets up as counter
Inn agains, PLAINTIFF demand.
way Of demurrer defence further get forth that be-
the commencement Of this suit the defendant brought
suit in the Superior Court Of this city against the plain
for damages for the detention and value Of the SKINS
hich suit is now pending and undetermined, and he
.refore claims judgment IN this action.
By the Court-lne evident intention OF the trainers OF
code was to prevent multiplicity Of SUITS and it is
tce can done the parties In the first suit, and
ould this case be and the defendant recover the
amount of tie jurisdiction OF the Court 1t would not
YER his aim The fact that the defendant IN this s the
aintG 10 the former suit makes difference; it is
thin the ruling in the case OF Groshon vs.. Lyon, 10
rbour d6l wherein IL was held that "where there
% proceedings pending between tho same parties tor
same Of action, the proceeding first Commenced
bar to the laet An action is betseen tho same par
s, although those who actors (paiuuGs) in one
ion are defendants in tho other.
Judgment for defendant on demurrer
SUIT FOR BRoKERs COMMISSIONS.
Seth W. Benedict and William A. Colt CId,dius
gnour and Victor Dwond --rhis action brought
recover the Gum of 1886 commissions the purchase
certain Twenty third and Twenty fourth streets
oa which the French church oil ST. Vincent do Paul has
en- recently built The defendants were members OF
nmittee organized by the congregation for the purpose
removing ther place Of worship from Canal street 10
present location
Tine jury, alter celebrating about an hour, came in
IN a verdict for the defendants.
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