The New York herald., 1878-09-17
THE COURTS.
Continuation by Judge Lawrence Of
the '.M'liss'' Injunction.
LUDLOW STREET JAIL.
jLibels Against the Steamer Utopia, of the
Anchor Line.

A decision, embodied in a lengthy opinion, was
given yesterday by Judge Lawrence on the otion to
continue the injunction granted by Judge Donohus
on tho application OF ex-Judge Dnsenhoeisr, counsel
for Miss Kate Mayhem. the actress restraining Poole
h Donnelly, lsssees OF the Grand Opera House, and
Green Thompson and John E. McDonough from
proaucing Bret Harts's play "M'iiss" without her
consent. As will be remembered there was lengthy
argument whom the case came before the Court on
tho question Of the continuance Of the by
Judge Dttenhoefer, being opposed in the argument
by Mr.. Charles W. Brooke, both being pro luse
IN their citations Of authorities and preccdents in
SUP port OF their respective legal propositions claim
ing 70 have bearing the case. From the abstract
OF the opinion gwen below it will be seen that Judge
Lawrence sustains the views taken by Judge Often
hoeisr and continues the injunction, preventing the
production Of the play. both at the Grand Opera
House and at Nibios Garden.
In the first place Judge Lawrence holds that
lection raised by The defendants counsel was not
TO ds,srmiue whether plain.i or defendants,
Green Thompson, had valid copyright
on the orams, neither TO ascertain whether
turLed upon the rights OF the respective parties
under the agreement OF February Z, 1878, which
agreement 1t was within the province o The Court to
euforca Green Thompson, by tnat agreement, con
veysd 70 plaintiff, the sole right for America TO per-
form The play, she 10 puy $40 Tor each performance
and nve per OF the gross receipts after
ing limit was passed, or, II she played on certainty
ten per cent OF the certainty UnlosS she performed
the play fity times within The nrst year aud fifty
tines ench succeeding year her rights were to cease
under the agreement shc was not to transfer hsr
rights without the written consent Of Green Thomp
son. and on tender Of S., 900 full conveyance OF
the play was 10 be made 10 her. Judge Lawrence
holds that this agreement vests the plaiut until she
has failed keep some OF the covenants her
part, with the sole right to have and perform
~: % S.sS .uy ,Ssa SS o. appear
that there had been any performance by her;
yet as she has time ~ perform the play nity times
fhts.u saaVt unnfnt z nht
absolute conveyance, the agreement not changed
Ae thinks tnat under these circumstances, it isquns
70 make the transfer 70 MeDonouGh, as appeared
from their printed an nou nceme 1--WE. the authors
l.. McDonough the sole right to produce America,
and they caution all managers against any infringe
mcnt on registered oopyrignL" "Fhe sole righi,"
Judge Lawrence then adds. "to produce the play IN
America was precisely what Green L. Thompson hau
conveyed TO plaintiff, and she not having violated
her covenants they were not authorized TO make
q conveyance to any other person" Further
on tho Judge says :-"Nego were entered
into with Sir. McDonouen bring out the play, and
the partes appear 10 have nearly reached sa,isisc
tory arran9 n9ement; but as soon ommuni-
Gated TO the painuf that Mr. McDonough was TO play
a. nm attraction, the DlaiutG expresses II IN her
reply 10 the letter from Mr. McDohough OF June 8,
sue refused 10 make the arrangements To this po-
when notified by Mr.. McDonough that he would pro-
duce the drama on tho 18th OF August employing
n0s ne,o IN nsr place. mi you DO
The plain,n, by the agreement Of February 7,
1878, succeeded to oil the rights which Green
Thompson had to produce the play in
question IN America, anu Green L. Thompson parted
with all right oauthorizo any other person pro-
1uce such play 10 America as long as he plaintiff
kept her agreement WITH Them. There IL nothing in
The agreement which requires the plantn to perform
the play any particular period OF the year, and pro-
vded sue performed ~ MY times between February
!, 1879, ana February Z, 1879, md makes returns
which the agreement calls Tor, her sole right for
America TO huvs anu perform "M'lss" cannot be
questioned or attacked And, as the assignee or
dee OF Green Thompson ihs piantin, is entitled
W tho aid OF this Court as against those who seek 10
perform such pay without her CONSENT"