The New York herald., 1868-05-26
SUPREME CouaT-CHAMpEaS.
The Olympic Theatre Middle Again-Whut is
Fair Rental for the Theatre s-Applica.
tiOn for Permission to Release.

The Olympic Theatre Middle Again-Whnt is
q Fair Rental for the Theatre s-Applica-
tiOn for Permission to Release.
Before Judge Barnard.
Boues, Receirer, &C., Us. Dut-This old litigation
came before the court again yesterday morning on
an application by the defendant who is a mortgagee
In possession, for permission to renew to James E.
Hayes the present lessee of the Olympic theatre the
lease Of the premises for further term his present
lease being shortly about to expire.
The application was made by John x. Hackett and
A. j. VanderpOel counsel Oh behalf Of the defend
ants, and opposed by Dudley Field and b. A. Thayer
On the part of the petitioner letter of James E.
Hayes was read, In which he states his belief that
the property is not at present worth than the
rent he now pays for It, $15OO0 and that he further
tn st IN d OF the unsettled III state Of
fall by reason Of the Presidential election contest
the risk OF taking the property even at that rate will
Ing autumn there will be great competition among
theatrical managers, owing among other things, to
.ne proJected opening ana building OF other theatres
which Will still further augment the risk During
his management he sets forth that he has also, by
the production OF superior class of entertainments
elevated the standing and repute Of the theatre and
asks that permission be granted to extend the lease
he now nolds.
The afidavits of Lester Wallack estimates the
premises as worth an annual rental, as they now
stand including scenery and machinery Of 81, 900
70 $4,000 per annum; Barney Williams fixes 1t at
$4,000; o. w. Tayleure says $4,000; G. L. Fox
ewears that fair rental would be about So, 1000;
George Wood estimates the establishment as worth
gives q similar estimate to the last named deponent
And s. r. Harrison gives his opinion on the subject
0xing fair annual rental at $4,000.
In opposition to the application the aff1davt OF
Leonard Grover, former lessee OF the theatre,
read In which he says that the scenery and proper
ties OF the theatre more valuable now than when
his term expired, by Of new additions, though
he himself had added valuable properties during his
lesseeship, which he left there, and that fair and
reasonable rental would be now s25, 600 per annum;
Orton H. Hess estimates the rental, in his
AFFIDAVIT, at $4,000; William Gibson, lessor OF
Waacks theatre In his deposition, sets forth that he
gave long lease Of that establishment to its present
lessee at So, 500 per annum, with taxes and repars;
but that at present fair rental for Wallacks would
be $4,000, and he believes the Olympic to be worth
an annual rent Of So, 900, including scenery and
properties; Joseph Tamaro estimates fair rental OF
the Olympic at 3000 and In his afidavit offers to
pay that amount yearly, taking lease OF the
premises for one, twO three more years, and pay
the rent monthly In advance, besides giving such Sc
curty as may be satisfactory to the court and the
defendant; T. e. Morris and Barney Williams offer
$4,000 and s2l 900 per annum respectively pledging
themselves to furnish ample security for number OF
years and to produce first class performances only
The plaintiff claims that there Is colusion between
the defendant, Duff, and the present lessee Hayes
who Is Duffs son-in-law, and that Dun has materi-
ally lessened the ncome OF the estate to the heirs
by accepting the present low rental, and also by
making large additions to the properties, scenery
and machinery, which he was not bound to do, but
which the lessee should have furnished II they were
desired Plaintiff Sso offers to consent TO the con-
tinuance OF the lease 10 Hayes upon his paying the
amount which other parties offer to pay for the
premises, and asks that In the event OF his being
unwilling to do the other parties be allowed TO
take the premises. Decision reserved
Decisions Rendered.
by Judge Barnard.
Bates rs. Sherman et dl.-MOtlOn denied.
Bubcock rs. stafford et dt.--Moton denied.
Woterhouse rs Redde ct al; Bell ct al rs TIE
sdne-MDtions granted.
HaDlH cs. Observation-Disclosures Is dissolved.
BY Judge ClerSe.
cur rs. Dorldnd.-Case settled