New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-22
The COURTS.
LAWSUIT AMONG OPERA SINGERS.

LAWSUIT AMONG OPERA SINGERS.
NJ JANET DENIES HAVING AUTHORIZED THE sun
AGAINsT MADAME LUCIA AND OTHERs
A motion was argued yesterday, III Marine
Court Chambers before Judge spauding IN the case OF
j. janet against Madame Pauline Lucca, Lima ID
hurska, aud u. Vizzan. which IL "a action for the
relief OF certain members OF the Lucca Troupe which
had been giving performances IN Havana An order
was granted on April 8. TO the attorneys of Madame
Lucca, Townsend Weed and Aub that the attorneys Tor
the plaintiff Newcombe q LeventrItt, should show
cause why they should not De compelled ~ exhibit their
authority for beginning such action, and why the action
should not be dismissed and Madame Lueea have such
relief as might be Just and proper. This order was
granted upon the affidavit OF M Janet, winch denies
that he ever such authority. The following IS
the affidavit, In substance;
Joseph Janet being duly sworn says that March 70
ne heard for the first time that action had been begun
IN Ills name alone against Madame Pauline Lncea and
her cOdefendants by Messrs NewcOmbe Leventrftt ~
ms attorneys DepOnent that he never authorized
shid attorneys TO begin any action IN me behalf agains
has either OF said attorneys that
ne has no calm or demand owing to hun OF any knd
whatsoever against Madame Lueca either OF her said
eo-defendans which he desires to enforce; ana depo
nent saws he cannot account for this action having
been begun IN his name, unless some posi-
certain naner 20 wbich one Henry g. Jarrett re.
quested his signature, ana which he signed. Deponent
SAYS he dd not read ana Is Ignorant OF the contents OF
said paper and that he signed it solely upon the repre-
senation which Jarrett made 60 him OF its purp0rt
That on some day during the past week on what date
Sepohea rs not positive, pot sSr s s4
stated to HIM that u necessary 10 bringing an action
claims which Jarrett stated depouent had in conjunction
with certain chOrsters and other performers IN the
opera az Havana, Cuba Deponent replied Iaat d,
he did NOT wish TO bring any action Tor t.
lust one, and that deponents name would be neces-
IN order enable the other claimants 10 bring
actions on their claims and that deponent, a matter
% ID
net says that upon said representation that ms name
necessary a co-plaintif IN order to enable the
other claims. If any he signed
paper but that he did not intend thereby 70 author
ize the bringing OF any action in HE plain
t or in fact 10 sue for any he might have, and
he now renounces every claim he may nave against
said defendants
The privilege extended to the defendants counsel
10 introduce further aidavits and yesterday the
up aidavits of Max strakosch Messrs.
Aub and Weed Of defendants counsel, and George
Simpson IT. Max Strakosch's affidavit ses forth that
he was present interview where the action was
brought to the notice OF NJ Janet, who spoke OF with
great Indignation, denied giving any authority,
and expressed his desire 10 break of any proceed
ing M Simpson, expert in handwriting, says that
he mas compared the signature of Janet attached
10 the original mplaint in the action, with several
OF his other papers, and pronounces 1t
entirely different and not written by the person VINO
wrote the others. Mr. Townsend, In his argument re-
ferred 10 the fact that the complaint sets forth mum
Der OF claims against Madame Lucca, AL OF whlch
purpOrted 20 have been assigned 10 NJ Janet Tor vau-
able consideration March Janet ia his affidavit,
stated that only interview he had ever had on the
subject with Mr. Jarrett the former agent OF Lncca
ana that was during the week preceding the taxing oi
the affidavit, which must have been between April
10 and 20 Mr. Townsend also exhibited the affidavit of
Mr. Leyentrltt plaintiffs counsel, sworn March
10 IN which " IL stated that 10 Impossible for MIN 10
draw the complaint this action, as certain papers
were reauired from Havana whie IL appeared that
the same day according to the original complaint ia
NETT swo ore that paper. Ahdavs were produced Dy
Ieye made by Mr.. Jarrett Mr.:
Heaiey, Leydecker. stating that Janet had
his anfmOstY against Madame Lucca, and his
determination 70 her. Judge SpauldDg took the
pa, ers ana reserved his decision.