The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-01
Operate Di.cord.nces.

KNOX W. 0YK-rHE ROYAL ITALIAN OPERA DISPUTE.
VcECHAsokLtoRs Couar. LONDON, Sir W. p. Wood,
presiding This comes for tho second lmo
before the court, the plaintiff ny hs nrs Bill, hlcd In
1891, having claimed rcof by way account tho
footing OF partnership in the Affairs cf tho Royal IAl.
ian Opera, Covcnt Garden, alleged 20 have existed DO
tween himself and tho defendant, Mr.. Gye. In the
former suit the defendant entirely denied tho existence
Of tho alleged Partnership with the piantn, but la nd
hitting that IS 900 had been paid by tho plaintiff IN part
satisfaction OF bond for 000 executed In the joint
names Of tho plaintiff and defendant In March, 1852
Insisted that the money which had been advanced for
the purpose Of assisting him tGye In carrying ON the
opera was paid with the distinct understanding that
the money lost the loss should al upon tho plaintiff
aud that he would only look for rcpaym In the Of
profits being made In the adventure. Upon tho hearing
OF the foriner suit which occupied several days In
November, 1893, tho Vce-Chancelior, adopting the
defendant view Of tho Transaction was OF opinion that
the plaintiff had wholly failed " estabi sh hs claim "
be partn with the defendant but, on the theory that
he was " DO repaid his advance In the event OF profits
resulting held that no entitled " account VI tho
proas mado by the defendant In tho adventure tncs
March, 1862 An application for leave TO amend wns
fused but tho plaintiff allowed 70 s supplemental
BILL In order to raise such case as he might bc advised Ia
respect OF the share OF the late Mr. Thiscthwayo who
advanced G120oo, and was admittedly partner In tho
adventure up TO his death In tho Crmez la December
1854 The plaintiff appealed from this decision, aud tho
lords Justices appear TO have differed between themselves
and also from the Vice Chancellor except IN the Wow
akon by his Honor that tho plant had failed to eslab
sh partnership Tho result, however was dismissal
Q, The e without prejudice 70 now eiI ey the plain
which he might have in respect OF tho bond OF MARCH,
1851, or under rhistlcthwaytes will The plaintiff
for tho purpose OF establishing his right to DO repaid tho
IS 900 paid by him upon tho bond OF March 1852 with
interest," VI tho profits OF the concern and hs right
TO ono oIety Of tho capital and share the pron Of
tho late Mr. ThistIethwayte Tho bill and answer coh
tnncd In substance the Same history OF the transactions
between Colonel Knox and Mr. Gye In reference To tho
affairs 81 tho Royal Italian Opsra, Covcnt Garden and
the voluminous correspondence which formed the
groundwork Of the previous suit and were reported In
detail In our columns In November and Deosmbsr 1854
Mr. Dye, though expressly discaimng any liability 70
tho plaintiff either legally or morally had offered 70 pay
luark tba with inte and In aka nj 0ua
Knox present Of all the boxes that he had a Covent
Carbon amounting n value 70 more than ~ oo0 during
eyes management Tho defence was rostsd ON the fol-
lowing grounds; That any hight In tho plaintiff TO
require repay Of tho E5 900 paid In part satsfaction
r. SSs1 - ~ d. sayso,us ~. s.soS SosS
BY tie Statute Of Limitations, and also By achos and Ac
Qusscsnco The part Of the plaintiff fhns the - 600
msns By him 70 sdvsaos and risk $1,000 sad DSs %
require repayment the mensy should b lost, OF
sSs. hs opera had bsss carried o. Al los and that ,ss
whole properly both v rhlssiehwaytes share and
ne tight Of the plaintiff 20 rspsynen. oas q gro1s.
10 March, 1880 and thas sinos the rebuilding this
thssis. was wholly nov concern obtansd and carried
dissksrssd nom eli former Hsbilsies either isis-
thwayes estate the plaistG who had formally asd
ire The Defendant also nsistsd shss The partnership Of
Thssthwayts ths theatre dissoived BY bis death
In November 1854, and confined 70 the old theatre,
which the whole Of his capital lost at tue gro.
Further than this tho demand Of tho plaintiff, other
wse veil founded was purely legal ana gave no neht Of
suit In equity, and u also submitted that the plain
un far from being entitled 10 "a. 600 la
bio make good the remaining Is ooo secured by tho
bond % March, 1857 n should turn out on taking tho
thai than l5 600 had besn loss between
that time and the IRE In March, 1854.
81. hs 40 aa
necessary 70 put their Agreements with csch other Into
writing A. the iirns when tho Arrangements ~srs Ia
progress those gentlemen terms OF great friend
ship together, but could .Ay In such oass how
. friendship might te interrupted. and when that
happened the want " some written memorandum eft
all things opened and 20 the breach which might otbsr
wise be healed was wdenod by tho disputes which thu
barr reliance upon recollection gave rise TO- Afr look.
ing however at Tho very meagre materials before him.
and wcighns the details Of such evidence could fs
obtained his Honor " the conclusion "a st the
agreement that Coiopel Ksox should hsvs rstum
Of the Gs 90 advanced tho pronts Of the Italian Op~rs
enough % the amount and that Tho tins up
which tho profits bs calculated The barn
ing down ~ Covent Garden Theatre. Tbafs would be
claim therefore On thst footing, add ms accounts and
inquiries necessary ~ AscsrtAa that n Any pront
made must 10 directed.