, 1875-10-17

II tho Trouble Caused BY 6 Secret
Agreement"

~ fled yesterday which will be int ..restir
...an1 to larEe number. It seems THAT II
Eoaley ............. ...-.-.--..
so1D Els THEATRE osTExs1BLx
mvursnt5 deed bu: really only mortgeEed
-, Simon Quiultn in May. 1874. Last aPrin,
snHre himself in financial enba11ass1nt' Mt,
,.ot To Han Ftsrciaco with th,
.tdel company. During his at senc
Thmoss Mcguire leased the theatre from Quiz
M nth I secret understanding, Us e oole
.,,t,ua that he ahonld have one.half of til
1ru.ts 4 week or two ago John H. Ha 'rer1
hrasbt one-hAlf interest in Maguire's Aenst
.cd tock possession OF tho theatre. Testea.da
\. fled bill to keep Hooley from lnterfe lin
xxh his possession on the ground that he IVA
ncns 93s purchaser, without notioo OF Hool e.
e,,;m. xad that Hooley and Mcguire should
fight THEIR OWN CONTESTS,
;nespect;Ye Of his rights. and Leave hiu' L
recession in the meantime, Us be waa a .is
Interested party With an interest in the thea t.,
tcnrhs in good faith, and not subject to s.nr
eqpii.s Ct the secret agreement betHe el
fooa feeling exists between the parties
I'D ths only question is one Of night
1hich can onlT be settled by court Of equity.
u fsnd Is charged, and, therefore, the usual
Ilxill and bad bIood is absent in the pteaan.
1eal contast The following la IN
ABSTRACT or THE nuL-
The complainant Gets out that the complainant
hts been theatrical manager for about fifteen
ycz.s Iss, past, and has known Mr. Mcguire AID
Ii, Hoolsy, the defendants, for the pasr twelve
ysars. uagu;re. during that time hzs also
hsep engaged in various enterprises within
The United States, and particularly In giving
Minstrel entertainments IN Hoo'ey's Theatre
here when be haa charSa OF the California Min
snele. Complainant also states that he has
been sivx] snd competitor with Mcguire il the
tbe&tical line for several year, While ut the
Ho: 5rtipgs, in Arkansas, be received = telegram
from one Charles H. Mcconnell asEing him to
couc on hare fer the purpose Of taking lease
d the New Chicago Theatre, opposite the sher-
maa House, 50 as to start
B1vAL ES1ERTAINMEST
10 thu: Of Mcguire. Haverty came hero in re-
seonss to the message, and enteredlnt negotia-
tions with McVlcker with y Lease IN view. He
~ no, however, successful, II the rent
ssted Wis too high. Mcguire then offered
u sell complainant one-haif interest
h HpoleE's Theatre. The latter asked Mcguire
i he was the cole Iossse and manager Of the
theatre, and received a reply in the affirmative.
Mcguire Also shoVed = lease to himself as sole
leasec. signed b. Simon Qn,nliu, the owner OF
The property, witch was dated May IS, aud ran
frun July 8. 1915, to Juiy s. 1876. The right was
slao gwen to continue the lease tor two Years
moTs o. until 1aly, 1878, on the same terms,
which Ncra the pa7meut Of $4,000 L year in
Fsssly ius.sllrnenss OF $3.50. OF the first years
rent $500 *As fsaid II advance bv Mcguire.
tae resaipt Ut whlch vas acknowledged in the
lease.
HAvrly ne1t made inquiries rs to Quinliu.
the iessol, md Was informed that he vas the nb
solnts o1ne1 of both the land aud the building.
not s&s1sfed with hesrsay. he caused the records
70 b. searched, and from them nacertaiued that
Hooiey md bis wao Ind, on the Cd OF May, 1874,
eouEaged the property in question By warranty
dted 70 Qunlln, and that the latter hsd stiil the
legal t.le. AAR2lte, to make ASSURANCE double
sure. showed his posters, including bills Aod
Programmes, il I'll Of which be Vas announced
so1s PROPRIETOR
Ihs E1saenref's daily report and blank CON-
ph1aea:a1lss were also exhibited. and they ad-
Sertsed Masuire rs lessee and u1ana-
ger. Mcguire had, previously to the lease
above mentioned = lease for three months with
Quinlin and, finding that his contract Was 1
Rood oae, he made the lease Tor year immedi-
hse5y At the expiration Of the three months.
1ne rent by the terms Of The last lease waa
Fsyaole to J: G. HINES. President Of the Fdel~
~ savings Bsnt, and Haveliy uaads call on
teas gentleman, when he was also informed
thIs Aagnire WAS sole lessee Of the theatre, and
III. be had paid al the rents. Hooley and
eulnhn we're both ont OF the State At the time,
ana daTesly, therefore. not being anle to
cotatn any Information from them, nor
'eatn = word to the contrary, naturally
accepted aaguir6s statements, supported
= tbss Felc By the records. the lease, and Ar.
a1oee. and thereupon. in good faith.
nouoHT oSE-1A1F NTEREsr
NC AaRmre IN the lease Of Hooiey q Theatre.
= I'M formal articles Of copartnership were made
Vs- I, i875, between HayerIy and Mcguire,
khi:a we're TO run to July 3, 1880, period Of
aesf1y \ i've years Maguire Vas to contribute to
.ae partnership the 1essahold interest, and
L21esd to abandon al active participation in the
p Of the theatre. Haserly waa, On
~ ~ part 70 give ali his labor and the result Of
lod control .of the theatre. Each par
q 10 agreed to give up his travel-
sB companies. Haver1y to consolidate all
~ interests here after fulfilling present en-
..eensose. and Maguire to remove al his
.s9apes to Ban Francisco. where he has three
-sa<ee ee Haverlv WIS also+ BY the terms Of the
~ Wo1estnetahp, to be the sole "active manager
a'a .aA sntestainrnents, and combinations organ
a@ oy q subject to the control Of the part
!e'en.p TIL 1885," and to have the control Of all
as9caA aa9 afalrs for the came time. The profits
~ Losses we're to be equally shared, and weekly
.s.sfoents aud monthly payments Of tho net
suass we're to be made to his pastper, Mr.
l-zoira The latter then assigned half-in-
ssat s. IN the Lease to complainant, and also
-u-mtetest in Ill OF his contracts With his
ts1ous performers.
a1a1ezly next alleges that at the time he went
"o tae oorartnerslip with Mcguire, he had
y aet11es knowledge, iutimat.on. nor suspicion
~ = dooieg had or claimed to bava any interest
aae <neat1a, and that Mcguire showed him
ake oImoet o9 1ecaipts for rent msde out in
y 9afse alone. It also alleged that. in order
.assn the present partnership. complainant
.Haaoned several profitable enterprises Of his
~, ano precluded himself from forming any
ose 1of the next five years that it was all dono
good faith aud with the expects
oo taat be, complainant and Mcguire combined |
~ jug and would control the particular business
s5 oao entered upon without competition OF
ssAa5. ind without the interests Of aoy pezson
.1somsoeves 1 coming in conflict with them"
Q11nhn reached the city last Thursday morn
= Fhen Haverly visited him and informed him |
toe Change In the p1oprietorship OF the thea-
.. Quinlin expressed hia satisfaction, a. he !
'e1 That complainant WIS financially RESPONSE |
md remarked to Haver!y that he would
ssa aam IN charge aR long as the lease ran
Aaea' the agent OF Quiulin, was informed OF
session, and he also assented thereto
hagui.e loft the city Sunday morning. 4 weak
., md Hoolep arrived from BROOKLYN the ea1na
). Tbs latter nov claims thRt he Ind some
SECRET ARRAK0EaENr
in &Aguire BY which he Was entitled to one-
the profits Of the house, aud the advxnta9es
ths lease with Mcguire The complainant,
Feyes, alleges positively that he never had |
= fo0NfAf30A nF nfirin1 ~ Arv Hurh e1ns,,.