New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-08-28
LOCAL MISCELLANY.
A., rup.rp1cAL CONTROVERSY.


A SUIT BROUGHT BY Mr.. DAILY AeAiNoi "i'o
M0RANr.
A temporary suit of injunction was granted
nv Jodee Mcneil of the Superior Court few days age
an the application of counsel for Augustin DAILY, man
nrer of the Firth Avenue Theater TO restrain MISS
Fanny Morant, the actress, from performing In tne
Union Square Theater The allegations In the case were
embodied in the papers submitted to Judge Freedman
yesterday by A Oakley Hall, counsel for the reiseor
tMr Daly and exJudge Dittenhoeer, counsoi TOT 'ne
Union Square Theater.
According to the affidavit Of Mr. DAILY he engaged her
nv written contract on Feb II 10 appear In the Ftn
Avenue Theser for three reserving the pres
tge of her name and services as dramatic artist o
the exclusive of his own theater untll Tue eApr
lion OF the season Of 1876 except on ms written conseu
70 her appearance in another theater; ana
she eovenanted that If she attempted 70 breaR
the agreement he could restrain her, 10y
heal process or otherwise. on paying her
during such restraint one-fourh OF the salary at which
nc engaged her sl25 per week. during such restraint
MI Daily complains th;st Observation-Disclosures solemn
written agreement he has learned that the respondent
now appears at the Union Square Theater. wnicn Is
more or less rival Of his theater ana lnis W '
great loss and damage Of fela6r, VINO hau
that she would appear in his own company, eecoiDe
10 contract. II was stated that Mr.. DAILY mas oon
septcd % allow the respondent to act as sue
,endine decision, and as an act OF courtesy .o' "a
,nopscer Of the Union Square establishment ne re
dayit Of Mr. DAILY sets forth in coneiuslO' ond be
u ~ r.-~ondens services and that - hoing
fmpossi6ie 10 replace her tust :9"' e"s"e0
nshally made during the Sprlng -. oostovft OF
% he other s!ae, w, Booth read long sua ,or o.
,bc RESPONDENT Miss Morant states she ms Sic sets
ears an actress by profession IN o1 for three
,orh contract made with the relalor ia h 20 ssson one
wears nv which she was TO receive AZ nj Sht
y S7OO) of the proceeds OF Deneht he9s
tbat inc season SUMMARY ana up ~ ro,a or
closed in 1874 four weeks III she is I'M
mid Tor four weeks; that instead OF tne nf
season after much difficulty she got IN heu cro, nd
that she was prevented from appelinH on nJ oc
cnItiyotinc the esteem of the Newton puoino,
event on rare Occasionsi ana tnat "uen -.
made the last contract she was no' in facr.
10 prevent her appearing frequently on ne s'sS ro
10 interrupt her relations with the pupc ,nT pnd
feseinnal capacityg After discovering MS poI. nv
,a,ctiny on The oontemptuOus treatment sue had re-
csvs she gave him notice OF her lhlentlon ~ ~, dis
the contract Sue coneIudes Dy n dc S,sributon
of characters, and that the pam policy VI lis
was 10 prevent her from appearing Irequen''S u a.
r,Itn, her Of the popular favor ana estimation OF
Eew-York audiences, which she depenueu. ast
she declares that she Is abe anuS tSo reotor may
obtain in an action at law, ana she pray ina" u" "
function will be dissolved. -, -. :, = roooivad
Mr. Hall i'm reply everred that the LADY nad recelHeu
proper attention from the manager OF Ine ,a ~ She
Tbeaier The counsel personally guaranteed tnht Sle
shoud get Judgment Tor pay inene fe stbet;c
nrofessjon OF which Mr. Booth had SPOKEN w ~
never mad known oft Here MT Booth sme9 a IT. io
rdcued the idea OF managers engaging iau! 80 a.
week and then shutting her up III wOulu pe jus. a.
ahsnrJ 10 think that the owner or rdcehorse "oui'
keep him shut up In stable. -, o,noo,e ,rere neon
Mr. Booth argued tnat theatrical conlrdcts WI
liar aua that If manager engaged an artist 10 aPpa
during season a sufficient number OF appeaiuance,
should be allowed, and moreover the uanases a. ~
were TOO indefinite TO justify injunction Al Uni
stage the argument was adjourned TO noon to-day