The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-05
THEATRICAL sQvAssiEs.
AppaicatKSs by Laura Kss~s sss %
Injanctasa Against Oar Americas


Il
Application by Lssrs kss~s sss a.
Injsnctioa Against Oar Americas
l Cousin.
SUPERIOR couRr-srscrAL vEsn.
l Before Hoo. Jadgs noacrisf
l Ger A-LSswa Ksws o. y Csavks sax wsuss~
SxGovs-An srder hal been served upon the acfend-
snts TO show cause vy IN injsDc'on should o.,
against them 70 restrain NE Representation BY them
the Winter GaSdsu thers q the drama u Our Ameran
Cousin The following II . copy q Ne complaint
| upon which the Order was issssd:-
Laura Ks~< JsAa s. csavIs ess " n Maori :
The complaint Of tAe above ns.sd pls.ng r~-ctfuiy
shows 70 this Court that seos the zsh dsy 81 ssp
tembev, 1858, one Tan Taylor, q LcnAsa Ensissd .
INTO . certain engagement with the plassin, by wh~h
ON consideration OF serain arys sum of money 20 ~
TO the plaintiff csrtas comedy q drsmsfis csmposi
tion, called At various times Our Cousin fo the bss&
woods Our Country cous.n, and Oar Amersssa coose.
therein, and did then and there parsuansn o. ssh
agreements deliver the said manuscript theseof 70 ts
plaintiff and that the has since remained ana
/ Is now In the possession u the plaintiff
That about the 9th November 1885, the plain
tiff duly PAID the consideration Of such sae aud took ana
received from said Tom Taylor assignment duly enc
cuted, bearing date thsf day. assigning and transfer
ring to the plaintiff the said comedy and the mssascu
thereof and the rights OF copyright thereto and u the
sole representation thereof throughout the United
OF America and the Canadas
That at the said dates OF such agreement and such
signment the said comedy dramatic composition
an unpublished manuscript work having never been
and was Che sole property Il the said Tom rsyos Who
was the aAhor and literary proprietor thereof md 20
whose rights such author and literary proprietor the
plaintiff became entitled by virtue OF the Aforesaid
/ Signment and transfers.
That the plaintiff was at that time the and pro
and that she produced said play al such theatre under
the title OF "0ur American Cous:n or about
the 18th day Of October 1885, and that the play became
very popular and continued for many months 10 be- re-
| presented with great profit to the plaintiff
That the plaintiff, by herself and her employees and
changes to be made in said manuscript. such n were
suggested by her experience and skill such mattr
and by which the popularity OF the play greatly
| HANGED.
That from the time Of its purchase BY the plaintiff
down to the present time, the plaintiff has kept and
still keeps, the manuscript OF such play unpublished and
imprinted and has never at any time or in any way
mited the same or aay part thereof 70 be published
to the public or renqushed her right TO the sole repre-
| sentaton thereof.
literary production lies in its exclusive use, and tho
gagement Of the sole right Of representing causing the
to be represented in public and that from the time
Of its first representation by the plaintiff she has
nued from time to time TO produce said play during her
various engagements an actress and that i has been
and from such reason continues TO be, OF very great
| value TO her And the plaintiff further respectfully
shows that in or about the month of November 1858,
tile defendant John s. Clarke above named. In connec-
ton with one William Wheatey was the
proprietor Of a theatre in the city OF Phila.
that he there procured copy of the manuscript Of said
comedy from surrcpious source; and after II had
CURED great reputation in the plaintiffs said theatre
the said Clarke and Wheaey without the authority, con
sent acquicscenco Of the plaintiff by means Of such
surrcpttous copy, and by means Of secret communca
actors of the plaintiffs said theatre produced the said
play in their said theatre - Philadelphia and caused II
| TO be publicly enacis.,
That the Dfentf forthwith brought suit to restrain
such unauthorized representation a.d to establish he
.sus against the said defendans, Clarke
,mpleaded with tho said wheatey in the United State;
Circuit for the Eastern District OF Pennsylvania
and that the Court upon final hearing upon the plead
ngs and proofs, made and rendered decree confirming
ana ne rghs OF ,h e a
for their nrractiop OF her said rights and that the de
PENDANT in obedience to such decree paid 70 the PLAN
tilt damages for such violation Of the right Of the plaintiff
as the literary proprietor Of such unpublished drama
| composition.
And the plaintiff further respectfully shows that Ii,
said defendant, John s. Clarke by profession
dian; and that the othor defendant, William stuart,
the lessee or proprietor Of certain theatre IN the city
PENDANTS did the evening Of the 3Oh day or Septcp
ber 1865, publicly produce and represeRi from Il. .,g
Sal% ,neaso dae pa'n.n say. vA' called Our Amer
sass any inuous representation until further notice
s' At the same is publicly advertised to DO night
enacted and represented there as by reference TO the AZ
annexed and marked A, will more fully appear and
also appears from the Play Blu annexed, marked b.
That the plaintiff has not in any way authorized o
consented to any such representation that the
given and intended 20 be given IN violation q the gh!
OF the plaintiff and with full knowledge OF her rights
the owner Of such manuscript and the literary prs
pretress OF such dramatic composition, and by
use Of such surreptitious copy the said Clarke hs
been enabled furnish, by and through the informs
, tion procured from him and not otherwise and with
wul and intentional disregard nf hex Tg9t Y The excl,
sye use ad right OF sole representation .: such play III
with full knowledge OF the aforesaid decree OF the sal
United States Court, and well knowing that II
always has been her exclusive property and that its yau
to her consisted almost entirely in having the sole
such property and the exclusive right OF public repre-
sentation thereof That said defendants openly an
publicly advertise the play as Tom Taylors world RI
nowned comedy called "Our American Cousin y and tha
the same is Identical with the dramatic compositio
which Is the property of the plaintiff in all its esscnt
particulars and that they have introduced most
the various additions alterations and verbal change
which made by the plaintiff or her employees at tn
time OF Its first public representation by her at her sal
theatre in the city Of New York. and that they intend
continue to represent, and unless restrained by in
junction order OF this court will continue the represen
tntion o. said play the said Winter Garden theatre
/ che great damage of the plaintiff In the premises
Wherefore the plaintiff demands judgment that the dc
fendans, John s. Clarke and William stuart and each
| them ana their servants agents and employees may b
this Court be eDjoined and restrained from performing
producing enacting, representing or permitting to
publicly performed tho said comedy, entitled '0u
American Cousin any part or parts thereof, or ac
ing appearing therein the said theatre, known
the Winter Garden the said city Of New York. else
where within the jurisdiction OF this Court and tina
they may be adjudged TO pay TO the plaintiff sue
damages she has sustained by Of their afore
said wrongful representation thereof together with tn
costs Of this action for such other further relief
BERRIEN 4 McGREGOR, Plaintiffs Attorneys
To Messrs EDWIN JAMES DuSrnY Counsel for ID
| PENDANTS
NKw York, October 2, 1865
The will be fully argued Saturday next, at ter
O'clock when a batch OF theatrical managers affidavit
| will be read by Mr. Dunphy
Mr. Edwin Booth, the celebrated American tragcdian
will be present the occasion one Of the parties in