The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-20
MaplNf COURT.


Action for Goods sold md Delivered.
iaf Before Judge AIker and Jury
Louis Mcai,er and Louis bertrand Fbvqua CAessin
and Gabriel Colon Plaintiffs partners doing
business In the wine and spirit trade in the city Of New
York. and their complaint they aIege that they sold
and delivered to the defendants at the request Of the
latter in the month OF October 1885, wines and liquors
70 the amount OF 500 90 which defendants refused to
pay, though payment had boon demanded Of them The
defence was that the goods sold 70 Chomin one OF
after dissolution or his co partnership with Colon
The jury found verdict for the plaintils for The fun
amount claimed Counsel for plaintiffs, Coudert
Brothers; for defendants, II. II Morange. 4es
The Play of.Leah" Again in Court How II
Was Translated and What IL Cost.
R,aic Benpiue Augustine j. Ddly-This action has
been brought under the following cScumstances:-The
plaintiff alleges that he engaged by the defendant
70 translate from the German language into the English
language certain pays, among them . play called
Deborah, afterwards known as 'Loah, the Forsaken,
well connection with the histronic
of Miss Bateman and that for such translation which
was made by plaintiff. the defendant agreed TO
pay him sI2 and also one-third part Of the
profits arising from the sale Of the play. Plain
til also alleges that the defendant sold said play
10 Mr. Batemap and others and received PROFITS from
such sales to the ut Of 81 100 For this service the
plaintiff third Of said 81 100 Plain
tin translated .Orpheus In Hen for which be AYERS
defendant promised TO pay him So for each Of the four
acts and onethird Of the profits arising from the sale
Marguerite in acts he also translated at % each
act 70 be paid when the translation was delivered TO the
defendant with twenty five per cent Of the profits OF the
sale Of the play Plaintiff states that he further trans
lated "Tbe Village Maidenn and La Papillone; or,
The tanning OF Butterfly, both 70 be paid for by
m 2, SoS 70, ana ,na al snsss
The defendant IN his answer admits that he en-
gagged 70 pay plaintiff 81 for the translation of
thai sum in January, 1858; that he agreed 10 pay
&12 for the translation OF 0rpheus IN He'll and
translate Marguerite ana that he agreed 10 pay
him fifteen cent OF the profits 10 be derived from the
performance Of such play and that such play has never
Village Maidonn be admits the engagement 10 trans
late II, but denies that there was any promise for
payment except that the plaintiff agreed 10 nc
cept $50 when defendant sold the play, and
the latter alleges that be has never sold IL Defend
asserts with respect "Tain,nga Butter
n.y. that be engaged plainiin 10 90 the trans
lafion and promised TO pay him fifteen per cent
or the profits and no other sum- be denies that these
ansatons are worth the sums claimed FOR them by tho
plaintiff, and that the first is only worth 81 the
second 81 the third sls, the fourth 80 and the MIN
SO; that they roughly and imperectiy translated,
and intended used sketches or memo.
anda for the foundation OF plays In the English
Language and utterly ae d a. ,ansa9 a, ,9r any
plaintiff the OF So per texoept for Dcborah
but plaintiff. who was al that time an intimate friend OF
deendants brother, pleaded that account 10 DO adj
united 10 share in the prospective profits Of SAID
plays except Dcbora which defendant says agreed
20 and the said share fixed between plaintiff and
defendant AZ fifteen per the dcfendants profits
from the performances OF the plays THIS agreement
i y alleged was made long AFTER the performance o.
Leah, which defendant maintains widely different
drama from Deborah, which the plaintiff translated
EXAMINATIONS rIAlsrUv.
The plaintiff examined AZ considerable length IN
support OF the various allegations contained IN his COM
piant
In cross examination by j. " Day brother Of defend.
AM, plaintiff said II attorney and counsel nj law
] was admitted TO tho bar In 1863; was In New York
then was reading law in the Office Of Mr. Roosevelt
think Mr. Roosevelt certificate rcally believed
nj that time terms Of friendship with the de.
PENDANTS family; m 1858 public school teacher
Think the OF 1862 tho defendant asked
10 read the play Of Deborah: this al defend.
ants house u defendant and yourself present;
i was about scvcn O'Clock IN the evening that
me conversation took place IN Houston street
AZ defendants house; defendant came In, and
s"d he had been spoken 70 BY Mr.. Bntcman about
piay he spoke oi Dcberah and wished Ia translate
" and said he wished his brother Joseph adapt the
play tor the stage he said he would give mo Ga for
suitable for Miss Baieman Il WAY stated that when
profits were made he would divide them tcounsei)
Were 70 assst me in preparing The matter for the
stage i-paper producedlhis n copy Of the Original
iranfahon this took me three or four weeks NJ the
trnnsniion did some OF the translation while wns
tencn'ne school, you coanse we're TO prepare the play
for tho stage my work ceased with the iransaron ~
the play. th Is the translation 81 Deborah or the For
saken One, afterwards known Leah
Counsel asked witness 70 state whether the play Ne
translated. bore any resemblance the NAV as pro-
duccd on the stage but the Court refused 70 allow This
wisnesssaidI told defendant that ~ 10 Ire NAV AZ
Leah, had not received the OF proass had en-
from the Defendant m 1854 for translation wrote him
letter asking for payment; In 1905 him bin for
variety Of playa except Leah; did change in thai
hill for Leah Il know Mr. Ba,eman, had no con,ersa
ton with him before commencing this suit
Re.drect--I have only received s3c in oil: the de
fcndaih frequently called on, me while making thos,e
TRANSACTIONS and hurried me M about thor.
tAtF avfprscx DrHssH sNae8f
Mr. Baseman sxsmined--I havs .cpurchased play
called Deborah from Mr.. DAILY for $3.50 PAID him fcr
u afterwards gave him f2n. nfterwards tl50 and
acr shat secus $500 ~ 900 Ia all: when
the play wse tsasslatedt wss not a. Tor PRODUCTION
rect Of money gwen NJ offerings $50 wa
gwen by NJ HsnweB; my daughter Is the owner az the
play nov Mr. Bsnvife and may have had converYa
ton about the play o. Leah have published certain
iss,s Spyst Lsss, W. psS JsssJesa ss, ssalnF Me-