The New York herald., 1875-12-08
A MUSICAL DIsCoRD LITIGATION.

III Will be remembered that In April last mammoth
concert was advertised to be given at Barnum's
Hippodrome under the auspices of Miss Linda Gilbert
well known as a lady who interested herself in supply
ing the various penal institutions of this State with
libraries, the proceeds of which to be applied to
shat charity. In order make the concert in ques
ton great success, such distinguished artists as
Drasdl, Thursby, BischoT and Remmertz engaged
and to satisfy the "Jubee" spirit overpowering
chorus and orchestra was proposed. Dr. Leopold
Damrosch being well known as a leader of the larger
singing societies of this city and Brooklyn, several
interviews we're had with him by Miss Gilbcrts agents.
among them Henry s. Goodspeed, and arrange
ment made by which the oratoro and Arion Societies
of New York, and the Handel and Haydn of Brooklyn
take part in the concert and $3.50 be paid
DR.. Damrosch before the opening of the concert for
his and their services excepting the Aron which society
generously attended without fee reward This agree
ment was reduced to writing, and DR.. Damrosch,
quring some security for the payment Mr. Goodspeed,
who acted in the capacity OF treasurer signed his name
to IL as guarantor AT the time fixed for the pay
ment check for the amount duly handed to DR..
Damrosch, signed by Mr.. Goodspeed, and the concert
proceeded IT being admitted all sides to have been
"a musical success, but, unfortunately pecuniary quito
the contrary the proceeds hardly having been sufficient
TO deray the expenses OF the building On the check
being presented the bank IL appeared that payment
had been stopped, and on inquiry it appeared that
the point made that Dr. Damrosch had not fulfilled
his contract, by procuring such attendance of
the singing societies he had promised The
tract as alleged provided for the services of the com
Mr. Goodspeed, and the TO trial before Judge
NcAdam, of the Marine Court, The evidence on de-
fendant's part that the plaintiff guaranteed the
attendance of at least GOO performers OF member
ship of 700 for which number seats provided,
whereas but about 800 attended On this point great
many witnesses called, doorkeepers to the
number Of singers tickets taken at the DOORS and
managers and ushers to estimate the number on the
platform, among them gentleman who testified that
he curious enough to make count of both the
audience and performers The plaintiff utterly denied
giving any to the number of singers who
would appear, but, the contrary, on being inquired
OF on that point stated that he unable TO estimate,
referring the defendant to the officers OF the societies
present. who informed him that twothrd attendance
would be fair average. As to the number actually
present the secretaries testified that by their rolls
kept at the time about 400 appeared. The plaintiff
further testified that at the close OF the concert he
congratulated by the managers upon his success and
no complaint to numbers made Judge McAdam
charged the jury that if there substantial per-
formance of the contract the plaintiff entitled TO
verdict but that he failed in material particular the
defendant entitled to a verdict in his favor. Tho
jury returned verdict for $SS7 9S in favor of plaintiff