The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-01
THE COURTS.
An Unfortunate Hitch in the Suit Of
George the Count Joannes.
His COMPLAINT SHORN OF IT'S RICHNESS.
A Day--What May Not Happen
in a Day?
THE RIVAL TELEGRAPH COMPANIES

1t would seem that not the nobility OF sutton,
yet the claim OF high sounding titles, can exempt
nowadays from the inevitable vicssitudes OF the
law. in point one brought by George the
Count Joannes, who Is not only historian, critic OF
the fine arts biographer and public writer but also
public tragedan In the latter capacity he appeared
NJ Nblo's Theatre some years ago and enacted the
"duplex character OF Richard Ill" Whatever
he may have had professionally, pecuniarly the ndi
viduai profits OF his venture amounted to the 'more"
sum OF $3.50, which, to actor in those days, must
have been but trining remuneration. such the
count conceived il, and accordingly brought
suit against Messra jarrett Il Palmer.
who were then managers OF the theatre
TO recover the sum OF 81 no. which he claims TO be
ouo nun as -compilhcn'ary pay men.. MS Cum
plant was recently served. and was almost immedi-
ately followed by motion before Judge Sanford, oy
Mr. BENJAMIN +. Russell, TO amend the same by striking
out the larger part OF IT, Judge SANFORD yesterday
gave decision granting the motion and STRIKING out
as irrelevant, immaleria or redundant the allegations
that the Count "a counsclor-atlaw, historian. lee
turer, critic the line arts, bographer, public writer
orator and artist, Tor honorable tamo ana reputation"
His allegations that at the time OF his engagement
the defendants were losing great moneys. ana 'that
when said receipts were at their lowest amount
wrote TO me my capacity sad public TRACED an 10
negotiate and act Richard H., Duke OF Glostcr and
said King at their said theatre Tor ono night u being
tho last time OF Its representaon--to wit, Saturday
evening" April 81 1S71-and consented and acted II
accordingly also the words "as had In America anc
Shakespeare's proiesson;' also the words ''and
faithful did keep my agreement that paid cash at
the ticket Office Tor reserved seats Tor friends In
Brooklyn, and was informed and believe that tho
money receipts upor this said occasion oil my acting
Richard ILL., approacned $4,000, Or over 900
above expenses the ordinary receipts; therefore
claim that the condition precedent and the con-
tingent right on my part did arise, obtain and cx
listed and still exists as my equitable right to said
extra allowance from said deendants;" also the
words, the said defendants did not deny SAID
agreement, but attempted It's avoidance by unreas-
enable arguments while admitting the great and
surplus money receipts the said theatre upon said
occasion. | protested against said defendants said
sophistry ana Injustice" and also the words ~ say
that would not have agreed to act Richard Ill as
aforesaid Tor merely $780, without said complementary
md contingent payment to form part OF said agree
meLt" also the words, 'that recently, In the CITY OF
New York. OF the dcfcn dants herein admitted, de-
clared nnd confessed, Voluntarily that said defendants
had Chisclled-i. derauded-me out oil 81, 900 Tor
my said Richard Ill, and that he said dclendant
wished to pay the extra anu contingent money but
that his partner herein refused 10 do So"
This renders necessary Tor the noble plaintiff and
client OF himself 10 a new complaint, when
IRON the defendants will be IN order II might
DO well 10 state that no costs were awarded, mono
having been asked.