New-York tribune., 1875-09-13
THE COURTS.
THE "ROSE MICHEL" SUIT.
CONCLUSION OF THE ARGUMENrs-rHE DECISION


RESERVED.
In the suit of Sheridan Shook and A. n
Palmer against Augustin DAILY and Others Charles W
Brooke OF for the planuGs closed the argument
on Saturday, before Judge Curtis the Superior Court
SPECIAL Term Mr.. Brooke first answered the technca
points or Mr Booth, arguing that the complaint
uiaous, but nnRie In seeking to restrain the three
persons claiming title from exercising it, Oh the
ground that that title bad The testimony showed
unity In the rights of Shook and Palmer which made
them necessary joint parties But IL there were any
such defects III the complaint they entirely cured
by the course OF defendant in putting In All answer
ard of the other defendants In reading their answer
al aidavit In equitable proceeding to overcome
mere eehniclty, the Court would consider that cquva
lent to putting in answer.
The technical questions being disposed Of Mr.. Brooke
claimed the issues were very II was admitted
that the play original production OF Blum
and that he sold his right and title TO IT, prior the aris
S Of either disputed tite 70 Michaelis. II ad
mitted that tie play not published and entitled to
the common Law protection or property i'll unpublished
manuscripts The divergence arose under the title OF
Michaelis the Plaintiffs claim 10 have bought this
proI er;y directly front Micacs on March IL. The de
fen iant DAILY claimed 10 have acquired * from Bay
ss. through tie defendant Wall. the day before. Conn
eel argued at length that Bayliss had little give ard
Wall. Days telegram to Wallis right sent,
Has ssn 10. p%. O to na.l Ts "% AND w @s
by prompt negative and Information tiat the play w.s
had any title whatever. No time, place
OF e contract wege gwen; no written contract or mower
afirInaon that he lad been told in February by Bayss
ttat NJ had bought The american and English right If
months atrr by the partner of MIR. AichacDs that the
r:gt - representation ;or Lngand aone Lad been is
siincd 70 the wife vi Bayliss and another pcrson. Mr.
Dy hd nov IIaJ claimed tbat he had 30 altered the
play that had become his own original propr,y lie
h''i hot shown this altered pay to MS olponerts brt
Nri Br0O.o claimed that the description ol the
original play in Mr.. Days affidavit such
tlat the CIsrt, comparing IL with tho play
itself would sec t.at lie had positively and rccs-
essly perverted in it the plays story. Er. Brooke
t1cn cxdnined the plO and Of the play, claiming
that IL WAS not Impure or inaofal bui tn ol the con
trsry it conspicuous among recent FrcEch plays for
its elevated moral lone, and THAI this tse had been
recognized generally in Tho criticslGs upon II. ne
charged that hr oay nad 1one into the rIefat on OF
title .d the ~ his AMI having done so
BE- continued against Ii The Court reserved It's de-
cisiOn
nunr ion br fax mCiinct Ia je.iDit tho perform
OF L.c play tonight, bt Judge Curtiss denied the
drciNuIi 4. j. Dr,nn0efe. and CDares W. Brooke al-
icad ior to- plaintiffs; William D. Booth, "a:tar T.
VALID DEFFTSE TO GA Ms AGAINST TIE CITY.
In two suits by The Commercial hdrcrtiser
Association against the City, sdge Donohue Lss ocn.od
the application q the plaintiffs for Judgment Con the
fiiyOity of the answer. The fist sGit 1858 os
for advertising DotTcca Jan. / and April =, 1915 10
which the Ciiy answers that there was oniy T73 Is
then allcabc 10 suci claim. The sccou unGer the
Char 573 for advertising from June 20, ,73 to
Oct. 81, 1874 the claim amounting to $1,Oif 80. TO
tAs the city rs that the appropriation appra-
be Ibis PURPOSE hat. bee. al hdcd except ~ -,
pay ing FOR advertisements prior - e incnrrine ot
tn Ia.ut1s Cs!uis tne lnC iD was bpc Oh the 1871
of siOa ih. a mere answer Il an appropriation
had ben exhausted, w,hout slo1in; mt IL WAS eA,
haUSt before te Liability created, WIS net good
c;ensc IT, the City. Judge D"nOhue, his intOraeIent
The second uf tlo above suits says Gc Of tao
Mut... GAs,SIt Company ae..inst th3 MI does rot
Til, The answer there Cd I1 sch up here
distinctly tat In" ai!cpriaton E'd Yren III Iact cN-
pcIod by p.Jr CUniGcis before TINS one was ma ic.
TDc Is not inehntc, but direct and lositlve.
Motion denied"