New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-09-17
DECISIONS OF STAGE RIGHT.
THE TITLE TO THE PLAY OF "OUR BOYS"
JUDGE DoNohUE DECIDES IN FAVOR or AUGUsrIN

THE TITLE TO THE PLAY OF "OUR BOYS
JUDGE DoNohUE DECIDES IN FAVOR or AUGUsrIS
DAILY: >.,-ss- IT. IT.
The motion IN the suit of Lester Wallack
against Auglistn DAILY, to restrain the Latter from
Producing Byron's comedy "Our Boys" was heard
yesterday before Judge Donohue, in Supreme Court,
Chambers and decided in favor of Mr. DAILY. II is stated
in the aldavs presented behalf OF Mr. Waack, that
as early as March last Mr.. Floyd and Mr. Moss Of Mr..
Wallachs thcater. in communication with Thomas
II. French tho agent of Henry j. Byron, who Is the
author Of the play in question At that time they were
told by French that the manuscript OF the play was IN Mr.
Days hands for examination but they understood that
no contract had been entered into, and they
made an offer which they supposed Mr.. French
accepted, he promising TO get the manuscript
he had given to Mr.. Daily merely for examination
The matter rested there for time until Mr. French
who had gone Europe renewed the negotiation, and
then positively assigned to Mr. Wallack in writing on the
18th Goth OF August the exclusive right to the play,
and received as advance tho royalty-s3O per
night and $15 per matneca check for 5000. formal
agreement then prepared by Mr. French and sent
for Mr.. Waacks signature and. under pressure from
Mr.. French, Mr. wallack signed an agreement which
bound him to produce the play at and sent 1t to
Mr.. French. The plaintiff produced note written by
Mr.. French, dated March ~ saying. 81 could DO moth
ing with Mr.. DAILY, but I hope you Will give
mo credit for trying; :" letter from Mr. French
of Aug ~ saying has Mr. Wallaek signed the agree
ment sent him yeti If so please send to me; Iwant
it, Saw Palmer to-day He almost, not quite. agreed to
give manuscript TO Mr.. A. Hall" Alctcr to MI Hail.
dated Aug. 81, saying. "Can you conveniently call at
the Union Square, think IL you were to ask them
now they would give you Our Boys Mr.. Shook told
me he would evenings since :" and letter dated
Sept saying DAILY not inclined to give the piece
up this q. H., but think he be induced TO. Now
want the agreement signed BY Mr. Waack rs you agreed
to give me-"
In opposition Mr. Daily swears that Mr.. French offered
him play for acceptance in March for $50 per night
and SIS per matn co. that after examining It, on March
81 lie wrote to Mr.. French accepting his terms and
closing the contract; that after Mr. French went to
England he wrote to Mr. Daily that by his purchase he
had secured "the hit Of the season. and sent him DAILY
the scene plots, music. &c that when the question OF
the stageright arose, Mr. Fske, Mr.. Days manager
tcrgraphed 10 Byron the author, sept. IL, cable me
that sold Our Boys to Daily last spring exclusively
for NewYork City Want to produce IT MoadaS an" ma
French my in Nassaus, negotiated the arrange
s sr %s s Ms%sy Sent py and
French and French having told DAILY Of Wal lacks Offer
Of 200 adya.c he a a@ aEg adra to MAKE anu w
Mr. French's affidavit is made on behalf OF Mr Daly
81 Says !' ap 'f to % for e Play and he told
him was sold 10 paly: Under the offers OF Messrs
pay rs to hs d' Then ha '
Europe. his return Floyd and Moss renewed their
plays. Having seen Mr. DAYS Winter programme he
thought he might induce DAILY 10 give the pay up anu
they knowing Days right he agreed to Try To get rom
DAILY He telegraphcd DAILY AT Utah. and received
AN answer which he Thought left an opening
for the arrangement Under these circum-
stances Floyd sent him the paper signed by MIN
and a $500 check Meanwhile Mr. shook OF the Union
square Tlcatcr mad manuscript and some claim and
H. understO d the main purpose AT Wiiacks lheater
WAS IL DAILY should give up his rights 10 shut OH the
Union Square Thratcr from performing Our Boys.
He signed the Of the 18th OF August and gave
10 with Instructions to MI DAILY before
delivering IT, The messenger had mistaken MS instruc
tIons and given up the agreement AS as DAILY got
i'm nd nd de
give up the play, sent the check back but IT had been
twice refused.
ON the afdavs Judge Donohue said he desired merely
to near Mr. Hall, Mr. Hall argued that, both sides con
cedng Mr. Byron's right " sell his manuscript, that
right could only be conveyed by u written instrument;
and even license might be given by parol the excu-
siye right must be established IN evidence by Writing,
and the first writing was in favor OF Mr.. Wallack
Judge Donohue said he should dispose OF the matter on
a simple principle. Mr.. French agent WAS empoW-
cred bring Mr. Byron and purchaser together There
his power ceased. He had brought Mr.. DAILY and Mr.
By and he had no further power from
Mr. II the agreement was not legally complete Tor
defect signatures Mr. Byron alone had the right pos
sibly still existing, to except but no other person MI
Frenchs powers ended until renewed and IN the
absence such renewal his subsequent acts were VOID,
and to ON his good fan III re-
lton to them lie therefore dissolved the injunction
Mr. A. o. Hall appeared for Mr Waack; Mr. Booth for
Mr.