The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-30
THEATRICAL TRTDgLATIoNS.
The Manager OF the Globe Theatre, Bos.
ton, Sued Tor $4,000.
Managerial Mismanagsmont : Fernando, A
Story Of the Period" Puts Cheney, Of tho
Globe, and schonberg, Of wallaok's, by
the Ears-Who Dramatized "Fernsn-
der'-Mr schonbsrg's Complaint

Court In this city which promises to give che theat.
cal profession another little sensation In addition to
the rather plenteous repertoire In that direction,
which has kept actors and actresses the gut ptre
OF late. The new sensation arises from an action
instituted by James Schonberg, stage manager at
walack's. against Arthur Cheney, proprietor Of the
Globe theatre, Boston. In which he claims 5000
damages for breach OF contract. The complaint
sets forth that the plaintiff and defendant entered
into Q contract BY which the former undertook to
dramattze and adapt from the French piece called
Fernando; or, . Story OF the PERIOD" which the
defendant to produce at his theatre and to pay
the plaintiff for the according to the terms set
forth below.
Mu sCH0NBERG's COMPLAINT.
The complaint OF tho above named plaintiff
States
That at the time Of making the contract herein.
after mentioned the plaintiff had adapted from the
French and dramatlzed piece called Fernando;
or, Story or the PERIOD" Of which piece ono
victoren Sardou. native Of France was the author,
and had dramatzed the same for the purpose Of
being acted the stage In the United states, and
had called the said piece
''FxRNANDR, STORY OF TIE rERIoD.p
And whereas the defendant was the proprietor of
theatre AZ Boston, in the state OF Massachusetts,
which was then called ana known by the pub.
lie as Selwyns theatre, Boston.
That the plainun, having written ana adapted the
said piece, and having the same ready for produc
by his duly agent IN at neha on tus
2stn day OF April 1870, IN consideration that the
plaintiff would allow the defendant 70 act and pro-
duce upon the stage At Selwyn's theatre, Boston,
for public representation. the before mentioned play
OF the PLAINTIFF called Fernando; Or Story Of tho
Period" and would provide the manuscript ana
scene plots OF such play, contracted and agreed with
the plaintin to produce the said play ana act ana
sewyns theatre, in Boston aforesaid; and further
contracted and agreed with the plaintiff to pay him
srrv mr. ,wvsrv royv.yo
for each and every time that the said piece should
be produced and acted ut Selwyn's theatre, In Bos.
agreed with the plantff to produce upon tao stage
and publicly represent at the fore-nentioned
theatre ne said pie or play Of the plaintiff within
plaintln AYERS that ne accepted the said contract
ant, and on the i-t day OF May 1870 duly sent and
forwarded 10 the agent Of the defendant at Boston
plots and ali tn sSa. was Necessary on
the part OF the plaintiff 10 be sent and transmitted to
9e 1Se saS dor ae Of Ssr
that he, ing upon the contract aud promise OF the
defendant to produce the said play at Selwyn's thea
tire, Boston, did ana performed everything that
necessary on his part the author OF the said piece
to enable the defendant to produce the same before
tract upon his part. The plaintiff AYERS that the do
fendant
BROKE TEE SAID CONTRACT
upon his part and refused TO perform aud fun the
same in the following respects and particulars
Flrst-That the defendant did not produce and
act the said play on the 18th day Of May 1870 he
had contracted and agreed TO do.
Second-Ihat the defendant did not produce and
act the said play within reasonable time after the
receipt by him OF the said manuscript and scene
plots &C., or before the said Selwyns theatre Bos-
ton, closed for Its season, and instead thereof post
p0ned the same from tine to time, and finally re-
fused and neglected altogether to produce and act
the saiq play. And the plainnn AYERS that by rea-
son OF the breach OF the contract and agreement
the part or the defendant he has sustained loss and
damage 10 the amount OF
FIVE THOUSAND DOLLARS.
That portion OF such loss and damage consists
son OF not receiving the sum OF twenty dollars for
each anu every performance Of said piece, In COM
pfiance with the terms OF the said contract aud by
reason OF the plaintiff having on account OF the
existence OF the said contract refused and abstaned
nom entering Into other contracts and agreements
with the managers ana prOprietors OF other thea
tres for the production, acting and bringing out OF
the aaid piece
And further, the plaintiff sustained damages In
this, to witt
That the postponement of tho said piece by the
dcfcndant in breach or his contract and agreement
with the plaintiff, has injured the character Of tho
said piece or play as a work Of dramatic art In The
estimation OF the public, ana caused the same to be
or less value and TO be less remunerative the dra-
matte profession TO the public
wherefore the plaintln demands damages In the
sum OF So, O00 &c.
Mr.. Edwin James has charge OF the case for Mr.
Schonberg the plaintiff. The defendant has not
yet put IN his answer, but when he does we Will
doubt have different version Of the last story Of
the Derod.D