The New York herald., 1870-01-20
COMMON PLeAs-sPeclAL TERM.
A Theatrical FInsco-AcfiOn for Services Per-
formcd-A Verdict for the PlainsiG.
Rafn IudO Curtiu

A Theatrical Fiasco-Acfion for Services Per-
formod-A Verdict for the Plaintiff.
Before Judge. Curtis.
Albert Sylvester rs. kessrs. Jarrett q Pdl,ner.-
The defendants in this the popular AMI sue
cessfui puoc caterers in the theatrical line ana the
defendant OF their employed assistants In that
pleasant and profitable profession. The action In
brought TO recover the sum Of 1908 In
gold alleged contract between the parties.
The main difficulty leading to this little proessiona
.'unpIeasanness" lay IN the intent ana meaning Of
contracts IN general ~ between the professional
actor aud the professional employer, In where
contracts do not III 80 many words cover every pro-
bability Of cdsns bet that might from difier
ent aud varying interpretations thereof
OF tne nrsIocratic temple Of Inc drama known as
NlbOs Garden. and also OF that other temple patron
5ea re oy the A. me wigwAm Of
pisintfn Is an Engisn actor. or prcstidigtateur or
iliusionst, or headsman, or lion teacher, or
BY whatever other name from his presumed special
ties ne may prefer to be called The later alleges
tnat by contract with the defendants left England
aud came 20 this city 10 perform certain roles In
q week for u term Of SIX months. PLAINTIFFS speci-
anes were to consist OF startling scenic effects and
physical Illusions such os cutting or the heads Of
the audience aud putting them Oh good a. ever
again. making the 'ive lion sIufred with straw''
roar like o 1ummany orator, making the stage
appear three miles iong-an Illusion often con-
templated BY Tammany orators without the
aid OF the iliusionist sylyeser-and several
Otner wonderful things 'tO0 numerous TO montiOn.n
After TWO weeks services the wondrous illusions
and transformations promised did not appear, even
To the partial eyes or the Defendants and they at
once nOtiued the plaintiff OF his dismissal The lat
ter now brings the action to recover not Tor figure
covering Tie whole OF the term OF the contract but
only Tor the two weeks Of ACTUAL work. The pain
TIN alleges that any failure on MS part to cut on
mems heads and make lions roar like Tammany
orators arose from the fact thatthe defendants did
not supply HIM with the required stage para
pnernaiia and apparatus. On tne other hand the
defendants contended that this was none OF their
business; that was nowhere IN the bona; that on
the contrary the plaintiff was to come prepared TO
perform MS tricks after his own fashion and without
any aid from them beyond the stated weekly amount
OF stamps.
The hearing OF the case occupied the whole OF the
session OF the court
Judge Curtis briefly charged the jury on the law Of
contracts, and pointing out the legal effect Of the
particular contract upon which both parties relied
for the just action OF the court and jury Tn8 plain
ur had come from England with ms company TO
perform IN the theatre OF the defendants upon
his understanding OF that contract AT tho
same time tnere was no specification Ia that con.
raus IN furLnerance OF the OF piaintlRs
gagement with them, They state tnat the furnish
ing Of sucn would far exceed IN immediate outlay
all tnat they could hope to acquire In pro1t from
plaintiffs whole engagement. The latter was an
EngiIshman. and coming nom that land where 1t
Is national boast that the spirit OF far piayn
dlion OF their verdict II tue evidence and facts IN
tue case justify them, that what In England Is only
boast is IN the great republic reality; that the
spirit OF justice and fair play here as unbounded
as the spirit or liberty ITSELF
The jury then retired, and after but few minutes
absence returned into court with verdict for the
pialnin In $500 IN gold Counsel for the paIn tin,
SlOdJ.
Decisions.
BY Judge Van BrunL
Henlahan Us. Campbell et al, the referees report
should be confirmed, except a. to that portion
pad by tue defendant Campbell decree w be settled
Oh notice.